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2000 c. 23
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
C1 | Act: for the words "solicitor of theSupreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made] |
Communications
Interception
1. (2) It shall be an offence for a person— to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of a private telecommunication system. (3) Any interception of a communication which is carried out at any place in the United Kingdom by, or with the express or implied consent of, a person having the right to control the operation or the use of a private telecommunication system shall be actionable at the suit or instance of the sender or recipient, or intended recipient, of the communication if it is without lawful authority and is either— (4) Where the United Kingdom is a party to an international agreement which— it shall be the duty of the Secretary of State to secure that no request for assistance in accordance with the agreement is made on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom except with lawful authority. (5) Conduct has lawful authority for the purposes of this section if, and only if— and conduct (whether or not prohibited by this section) which has lawful authority for the purposes of this section by virtue of paragraph (a) or (b) shall also be taken to be lawful for all other purposes. (6) The circumstances in which a person makes an interception of a communication in the course of its transmission by means of a private telecommunication system are such that his conduct is excluded from criminal liability under subsection (2) if— (7) A person who is guilty of an offence under subsection (1) or (2) shall be liable— (8) No proceedings for any offence which is an offence by virtue of this section shall be instituted—
Unlawful interception.
— (1) It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—(a)
a public postal service; or
(b)
a public telecommunication system.
(a)
intentionally and without lawful authority, and
(b)
otherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection,
(a)
an interception of that communication in the course of its transmission by means of that private system; or
(b)
an interception of that communication in the course of its transmission, by means of a public telecommunication system, to or from apparatus comprised in that private telecommunication system.
(a)
relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,
(b)
requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and
(c)
is designated for the purposes of this subsection by an order made by the Secretary of State,
(a)
it is authorised by or under section 3 or 4;
(b)
it takes place in accordance with a warrant under section 5 ( “an interception warrant”); or
(c)
it is in exercise, in relation to any stored communication, of any statutory power that is exercised (apart from this section) for the purpose of obtaining information or of taking possession of any document or other property;
(a)
he is a person with a right to control the operation or the use of the system; or
(b)
he has the express or implied consent of such a person to make the interception.
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)
on summary conviction, to a fine not exceeding the statutory maximum.
(a)
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b)
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
S. 1 wholly in force; S. 1 not in force at Royal Assent see s. 83(2); S. 1 except for subsection (3) in force at 2.10.2000 and S. 1(3) in force at 24.10.2000 by S.I. 2000/2543, arts. 3, 4 | |
Meaning and location of “interception” etc.
— (1) In this Act— “postal service” means any service which— (a) consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; and (b) is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;
“private telecommunication system” means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied— (a) it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; and (b) there is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;
“public postal service” means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
“public telecommunications service” means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
“public telecommunication system” means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;
“telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service); and
“telecommunication system” means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.
(a)
so modifies or interferes with the system, or its operation,
(b)
so monitors transmissions made by means of the system, or
(c)
so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
(a)
intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or
(b)
intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.
(a)
any conduct that takes place in relation only to so much of the communication as consists in any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or
(b)
any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying traffic data so comprised or attached.
(a)
any part of the system; or
(b)
any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.
(a)
any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,
(b)
any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,
(c)
any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and
(d)
any data identifying the data or other data as data comprised in or attached to a particular communication,
(a)
references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and
(b)
references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;
Lawful interception without an interception warrant.
— (1) Conduct by any person consisting in the interception of a communication is authorised by this section if the communication is one which, or which that person has reasonable grounds for believing, is both—(a)
a communication sent by a person who has consented to the interception; and
(b)
a communication the intended recipient of which has so consented.
(a)
the communication is one sent by, or intended for, a person who has consented to the interception; and
(b)
surveillance by means of that interception has been authorised under Part II.
(a)
it is conduct by or on behalf of a person who provides a postal service or a telecommunications service; and
(b)
it takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.
(a)
with the authority of a designated person under [F1 section 48 of the Wireless Telegraphy Act 2006 (interception and disclosure of wireless telegraphy messages)] ; and
(b)
for purposes connected with anything falling within subsection (5).
the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006;]
(b)
the prevention or detection of anything which constitutes interference with wireless telegraphy; and
(c)
the enforcement of [F3 — (i) any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of that Act, or (ii) any enactment not falling within sub-paragraph (i)] that relates to such interference.
Words in s. 3(4)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(2) | |
S. 3(5)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(a) | |
Words in s. 3(5)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(b) | |
Power to provide for lawful interception.
— (1) Conduct by any person ( “the interceptor”) consisting in the interception of a communication in the course of its transmission by means of a telecommunication system is authorised by this section if—(a)
the interception is carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom;
(b)
the interception relates to the use of a telecommunications service provided to persons in that country or territory which is either— (i) a public telecommunications service; or (ii) a telecommunications service that would be a public telecommunications service if the persons to whom it is offered or provided were members of the public in a part of the United Kingdom;
(c)
the person who provides that service (whether the interceptor or another person) is required by the law of that country or territory to carry out, secure or facilitate the interception in question;
(d)
the situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; and
(e)
the conditions so prescribed are satisfied in relation to that situation.
(a)
communications by means of which transactions are entered into in the course of that business; or
(b)
other communications relating to that business or taking place in the course of its being carried on.
“government department” includes any part of the Scottish Administration, a Northern Ireland department and [F5 the Welsh Assembly Government];
“high security psychiatric services” has the same meaning as in [F6 section 4 of the National Health Service Act 2006];
“hospital premises” has the same meaning as in section 4(3) of that Act; and
(a)
(b)
any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the M9 Prisons (Scotland) Act 1989,
Words in s. 4(5) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 208(a) (with Sch. 3 Pt. 1) | |
Words in s. 4(8) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2)(3), Sch. 1 para. 76(2) | |
Words in s. 4(8) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 208(b) (with Sch. 3 Pt. 1) | |
1952 c. 52. | |
1989 c. 45. | |
1953 c. 18 (N.I.). | |
1978 c. 29. | |
S.I. 1995/574. | |
1978 c. 29. | |
1952 c. 52. | |
1953 c. 18 (N.I.). | |
1989 c. 45. | |
1991 c. 53. | |
1994 c. 33. | |
1989 c. 45. | |
5. (2) The Secretary of State shall not issue an interception warrant unless he believes— (3) Subject to the following provisions of this section, a warrant is necessary on grounds falling within this subsection if it is necessary— (4) The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any warrant shall include whether the information which it is thought necessary to obtain under the warrant could reasonably be obtained by other means. (5) A warrant shall not be considered necessary on the ground falling within subsection (3)(c) unless the information which it is thought necessary to obtain is information relating to the acts or intentions of persons outside the British Islands. (6) The conduct authorised by an interception warrant shall be taken to include—
Interception with a warrant.
— (1) Subject to the following provisions of this Chapter, the Secretary of State may issue a warrant authorising or requiring the person to whom it is addressed, by any such conduct as may be described in the warrant, to secure any one or more of the following—(a)
the interception in the course of their transmission by means of a postal service or telecommunication system of the communications described in the warrant;
(b)
the making, in accordance with an international mutual assistance agreement, of a request for the provision of such assistance in connection with, or in the form of, an interception of communications as may be so described;
(c)
the provision, in accordance with an international mutual assistance agreement, to the competent authorities of a country or territory outside the United Kingdom of any such assistance in connection with, or in the form of, an interception of communications as may be so described;
(d)
the disclosure, in such manner as may be so described, of intercepted material obtained by any interception authorised or required by the warrant, and of related communications data.
(a)
that the warrant is necessary on grounds falling within subsection (3); and
(b)
that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.
(a)
in the interests of national security;
(b)
for the purpose of preventing or detecting serious crime;
(c)
for the purpose of safeguarding the economic well-being of the United Kingdom; or
(d)
for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.
(a)
all such conduct (including the interception of communications not identified by the warrant) as it is necessary to undertake in order to do what is expressly authorised or required by the warrant;
(b)
conduct for obtaining related communications data; and
(c)
conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance with giving effect to the warrant.
S. 5 modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 5: functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6) | |
S. 5: certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2 , Sch. 1 para. 1 | |
S. 5: transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2 | |
S. 5 modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 1 (with art. 6) | |
S. 5: functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6) | |
Application for issue of an interception warrant.
— (1) An interception warrant shall not be issued except on an application made by or on behalf of a person specified in subsection (2).(a)
the Director-General of the Security Service;
(b)
the Chief of the Secret Intelligence Service;
(c)
the Director of GCHQ;
(d)
the Director General of the [F7 Serious Organised Crime Agency] ;
the Director General of the Scottish Crime and Drug Enforcement Agency;]
(e)
the Commissioner of Police of the Metropolis;
(f)
the Chief Constable of the Royal Ulster Constabulary;
(g)
the chief constable of any police force maintained under or by virtue of section 1 of the M13 Police (Scotland) Act 1967;
(i)
the Chief of Defence Intelligence;
(j)
a person who, for the purposes of any international mutual assistance agreement, is the competent authority of a country or territory outside the United Kingdom.
Words in s. 6(2)(d) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 132(2) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 6(2)(da) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(2) | |
Words in s. 6(3) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 132(3) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 6(2)(h) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(a) ; S. I. 2005/1126, art. 2(2)(d) | |
1967 c. 77. | |
Issue of warrants.
— (1) An interception warrant shall not be issued except—(a)
under the hand of the Secretary of State [F10 or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive]; or
(b)
[F12 ; or
(c)
in a case falling within subsection (2)(aa), under the hand of a member of the staff of the Scottish Administration who is a member of the Senior Civil Service and who is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.]
(a)
an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant in that case; and
an urgent case in which the Scottish Ministers have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the use of the warrant in that case and a statement of that fact is endorsed on the warrant; and]
(b)
a case in which the warrant is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom and either— (i) it appears that the interception subject is outside the United Kingdom; or (ii) the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.
(a)
must be addressed to the person falling within section 6(2) by whom, or on whose behalf, the application for the warrant was made; and
(b)
in the case of a warrant issued under the hand of a senior official, must contain, according to whatever is applicable— (i) one of the statements set out in subsection (4); and (ii) if it contains the statement set out in subsection (4)(b), one of the statements set out in subsection (5).
(a)
a statement that the case is an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant;
(b)
a statement that the warrant is issued for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom.
(a)
a statement that the interception subject appears to be outside the United Kingdom;
(b)
a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.
Words in s. 7(1)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(a) (with art. 6) | |
Words in s. 7(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(b) (with art. 6) | |
S. 7(1)(c) and word immediately preceding it inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(c) (with art. 6) | |
S. 7(2)(aa) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(d) (with art. 6) | |
Contents of warrants.
— (1) An interception warrant must name or describe either—(a)
one person as the interception subject; or
(b)
a single set of premises as the premises in relation to which the interception to which the warrant relates is to take place.
(a)
communications from, or intended for, the person named or described in the warrant in accordance with subsection (1); or
(b)
communications originating on, or intended for transmission to, the premises so named or described.
(a)
the description of communications to which the warrant relates confines the conduct authorised or required by the warrant to conduct falling within subsection (5); and
(b)
at the time of the issue of the warrant, a certificate applicable to the warrant has been issued by the Secretary of State certifying— (i) the descriptions of intercepted material the examination of which he considers necessary; and (ii) that he considers the examination of material of those descriptions necessary as mentioned in section 5(3)(a), (b) or (c).
(a)
the interception of external communications in the course of their transmission by means of a telecommunication system; and
(b)
any conduct authorised in relation to any such interception by section 5(6).
Duration, cancellation and renewal of warrants.
— (1) An interception warrant—(a)
shall cease to have effect at the end of the relevant period; but
may be renewed, at any time before the end of that period, by an instrument under the hand of the Secretary of State [F14 or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive] or, in a case falling within section 7(2)(b), under the hand of a senior official.
(a)
the warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed by an instrument containing the statement set out in subsection (5)(b)(i) of this section, and
(b)
the latest renewal (if any) of the warrant is not a renewal by an instrument under the hand of the Secretary of State,
(a)
a statement that the renewal is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom; and
(b)
whichever of the following statements is applicable— (i) a statement that the interception subject appears to be outside the United Kingdom; (ii) a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.
(a)
in relation to an unrenewed warrant issued in a case falling within section 7(2)(a) under the hand of a senior official, means the period ending with the fifth working day following the day of the warrant’s issue;
in relation to an unrenewed warrant which is endorsed under the hand of the Secretary of State with a statement that the issue of the warrant is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant's issue;]
(b)
in relation to a renewed warrant the latest renewal of which was by an instrument endorsed under the hand of the Secretary of State with a statement that the renewal is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant’s renewal; and
(c)
in all other cases, means the period of three months beginning with the day of the warrant’s issue or, in the case of a warrant that has been renewed, of its latest renewal.
Words in s. 9(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 5 (with art. 6) | |
S. 9(6)(ab) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(2) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
S. 9(1)(b)(3) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 3(1) (with art. 6) S. 9(1)(b)(3): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253,, arts. 1(1)(3), 3, Sch. 2 (with art. 6) | |
S. 9(1)(b)(3): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2 , Sch. 1 para. 2 | |
S. 9(1)(b)(3): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2 | |
S. 9(1)(b) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 9(1)(b): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6) | |
S. 9(3) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 9(3): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, {Sch. 2} (with art. 6) | |
Modification of warrants and certificates.
— (1) The Secretary of State may at any time—(b)
modify a section 8(4) certificate so as to include in the certified material any material the examination of which he considers to be necessary as mentioned in section 5(3)(a), (b) or (c).
(a)
the Secretary of State has himself expressly authorised the modification; and
(b)
a statement of that fact is endorsed on the modifying instrument.
(a)
they have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the modification; and
(b)
a statement of that fact is endorsed on the modifying instrument]
(a)
the person to whom the warrant is addressed, or
(b)
a person holding a position subordinate to that person,
(a)
in the case of an unrenewed warrant, that the warrant is endorsed with a statement that the issue of the warrant is believed to be necessary in the interests of national security; and
(b)
in the case of a renewed warrant, that the instrument by which it was last renewed is endorsed with a statement that the renewal is believed to be necessary in the interests of national security.]
(a)
the official in question holds a position in respect of which he is expressly authorised by provisions contained in the certificate to modify the certificate on the Secretary of State’s behalf; or
(b)
the Secretary of State has himself expressly authorised the modification and a statement of that fact is endorsed on the modifying instrument.
(a)
the person to whom the warrant is addressed; or
(b)
a person holding any such position subordinate to that person as may be identified in the provisions of the warrant.
(a)
a warrant or certificate is modified by an instrument under the hand of a person other than the Secretary of State [F19 or, as the case may be, the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)], and
(b)
(a)
the scheduled parts of an interception warrant are any provisions of the warrant that are contained in a schedule of identifying factors comprised in the warrant for the purposes of section 8(2); and
(b)
the modifications that are modifications of the scheduled parts of an interception warrant include the insertion of an additional such schedule in the warrant;
S. 10(4A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(a) (with art. 6) | |
S. 10(5A) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(b) (with art. 6) | |
S. 10(6)(6A) substituted (13.4.2006) for s. 10(6) by Terrorism Act 2006 (c. 11), ss. 32(3) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
Words in s. 10(9)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(d)(i) (with art. 6) | |
Words in s. 10(9)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 6(d)(ii) (with art. 6) | |
Word in s. 10(9)(b) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(4) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
S. 10(1)(a)(2) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6) S. 10(1)(a)(2): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253, arts. 1(1)(3), 3, Sch. 2 (with art. 6) | |
S. 10(1)(a)(2): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2 , Sch. 1 para. 2 | |
S. 10(1)(a): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2 | |
S. 10(1)(a) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 10(1)(a): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6) | |
S. 10(2): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2 | |
S. 10(2) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 10(2): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6) | |
Implementation of warrants.
— (1) Effect may be given to an interception warrant either—(a)
by the person to whom it is addressed; or
(b)
by that person acting through, or together with, such other persons as he may require (whether under subsection (2) or otherwise) to provide him with assistance with giving effect to the warrant.
(a)
serve a copy of the warrant on such persons as he considers may be able to provide such assistance; or
(b)
make arrangements under which a copy of it is to be or may be so served.
(a)
by the person to whom the warrant is addressed, or
(b)
by the arrangements made by him for the purposes of that subsection,
(a)
a person who provides a postal service,
(b)
a person who provides a public telecommunications service, or
(c)
a person not falling within paragraph (b) who has control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom,
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
1988 c. 36. | |
Maintenance of interception capability.
— (1) The Secretary of State may by order provide for the imposition by him on persons who—(a)
are providing public postal services or public telecommunications services, or
(b)
are proposing to do so,
(a)
the means by which he provides a service which is not a telecommunications service; or
(b)
necessarily incidental to the provision by him of a service which is not a telecommunications service.
(a)
there shall be no requirement for that person to comply, except in pursuance of a notice under paragraph (c)(ii), with any obligations imposed by the notice;
(b)
the Board shall consider the technical requirements and the financial consequences, for the person making the reference, of the notice referred to them and shall report their conclusions on those matters to that person and to the Secretary of State; and
(c)
the Secretary of State, after considering any report of the Board relating to the notice, may either— (i) withdraw the notice; or (ii) give a further notice under subsection (2) confirming its effect, with or without modifications.
(a)
such persons appearing to him to be likely to be subject to the obligations for which it provides,
(b)
the Technical Advisory Board,
(c)
such persons representing persons falling within paragraph (a), and
(d)
such persons with statutory functions in relation to persons falling within that paragraph,
(a)
with respect to the disclosure of intercepted material;
(b)
for the purpose of ensuring that security and confidentiality are maintained in relation to, and to matters connected with, the provision of any such assistance; and
(c)
for the purpose of facilitating the carrying out of any functions in relation to this Chapter of the Interception of Communications Commissioner;
(a)
in relation to a person providing a public postal service, means an interception warrant relating to the interception of communications in the course of their transmission by means of that service; and
(b)
in relation to a person providing a public telecommunications service, means an interception warrant relating to the interception of communications in the course of their transmission by means of a telecommunication system used for the purposes of that service.
1988 c. 36. | |
Technical Advisory Board.
— (1) There shall be a Technical Advisory Board consisting of such number of persons appointed by the Secretary of State as he may by order provide.(a)
that the membership of the Technical Advisory Board includes persons likely effectively to represent the interests of the persons on whom obligations may be imposed under section 12;
(b)
that the membership of the Board includes persons likely effectively to represent the interests of the persons by or on whose behalf applications for interception warrants may be made;
(c)
that such other persons (if any) as the Secretary of State thinks fit may be appointed to be members of the Board; and
(d)
that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).
Grants for interception costs.
— (1) It shall be the duty of the Secretary of State to ensure that such arrangements are in force as are necessary for securing that a person who provides—(a)
a postal service, or
(b)
a telecommunications service,
(a)
in relation to a person providing a postal service, the issue of interception warrants relating to communications transmitted by means of that postal service;
(b)
in relation to a person providing a telecommunications service, the issue of interception warrants relating to communications transmitted by means of a telecommunication system used for the purposes of that service;
(c)
in relation to each description of person, the imposition on that person of obligations provided for by an order under section 12.
General safeguards.
— (1) Subject to subsection (6), it shall be the duty of the Secretary of State to ensure, in relation to all interception warrants, that such arrangements are in force as he considers necessary for securing—(a)
that the requirements of subsections (2) and (3) are satisfied in relation to the intercepted material and any related communications data; and
(b)
in the case of warrants in relation to which there are section 8(4) certificates, that the requirements of section 16 are also satisfied.
(a)
the number of persons to whom any of the material or data is disclosed or otherwise made available,
(b)
the extent to which any of the material or data is disclosed or otherwise made available,
(c)
the extent to which any of the material or data is copied, and
(d)
the number of copies that are made,
(a)
it continues to be, or is likely to become, necessary as mentioned in section 5(3);
(b)
it is necessary for facilitating the carrying out of any of the functions under this Chapter of the Secretary of State;
(c)
it is necessary for facilitating the carrying out of any functions in relation to this Part of the Interception of Communications Commissioner or of the Tribunal;
(d)
it is necessary to ensure that a person conducting a criminal prosecution has the information he needs to determine what is required of him by his duty to secure the fairness of the prosecution; or
(a)
shall not be required to secure that the requirements of subsections (2) and (3) are satisfied in so far as they relate to any of the intercepted material or related communications data, or any copy of any such material or data, possession of which has been surrendered to any authorities of a country or territory outside the United Kingdom; but
(b)
shall be required to secure, in the case of every such warrant, that possession of the intercepted material and data and of copies of the material or data is surrendered to authorities of a country or territory outside the United Kingdom only if the requirements of subsection (7) are satisfied.
(a)
that requirements corresponding to those of subsections (2) and (3) will apply, to such extent (if any) as the Secretary of State thinks fit, in relation to any of the intercepted material or related communications data possession of which, or of any copy of which, is surrendered to the authorities in question; and
(b)
that restrictions are in force which would prevent, to such extent (if any) as the Secretary of State thinks fit, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in such a disclosure as, by virtue of section 17, could not be made in the United Kingdom.
(a)
any copy, extract or summary of the material or data which identifies itself as the product of an interception, and
(b)
any record referring to an interception which is a record of the identities of the persons to or by whom the intercepted material was sent, or to whom the communications data relates,
S. 15(1): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253 arts. 1(1)(3), 3, Sch. 2 (with art. 6) S. 15(1) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 15(1): certain functions modified (9.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 2 , Sch. 1 para. 2 | |
S. 15(1): transfer of functions (10.10.2003) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2003 (S.I. 2003/2617), art. 3, Sch. 2 | |
S. 15(1) modified (11.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(2), 2, Sch. 1 para. 2 (with art. 6) | |
S. 15(1): functions transferred (12.10.2007) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007 (S.I. 2007/2915), arts. 1(1), 3, Sch. 2 (with art. 6) | |
1958 c. 51. | |
1923 c. 20 (N.I.). | |
Extra safeguards in the case of certificated warrants.
— (1) For the purposes of section 15 the requirements of this section, in the case of a warrant in relation to which there is a section 8(4) certificate, are that the intercepted material is read, looked at or listened to by the persons to whom it becomes available by virtue of the warrant to the extent only that it—(a)
has been certified as material the examination of which is necessary as mentioned in section 5(3)(a), (b) or (c); and
(b)
falls within subsection (2).
(a)
is referable to an individual who is known to be for the time being in the British Islands; and
(b)
has as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him.
(a)
it is certified by the Secretary of State for the purposes of section 8(4) that the examination of material selected according to factors referable to the individual in question is necessary as mentioned in subsection 5(3)(a), (b) or (c); and
(b)
the material relates only to communications sent during [F22 a period specified in the certificate that is no longer than the permitted maximum] .
(a)
in the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, six months; and
(b)
in any other case, three months.]
(a)
the person to whom the warrant is addressed believes, on reasonable grounds, that the circumstances are such that the material would fall within that subsection; or
(b)
the conditions set out in subsection (5) below are satisfied in relation to the selection of the material.
(a)
it has appeared to the person to whom the warrant is addressed that there has been such a relevant change of circumstances as, but for subsection (4)(b), would prevent the intercepted material from falling within subsection (2);
(b)
since it first so appeared, a written authorisation to read, look at or listen to the material has been given by a senior official; and
(c)
the selection is made before the end of [F24 the permitted period] .
(a)
in the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, the period ending with the end of the fifth working day after it first appeared as mentioned in subsection (5)(a) to the person to whom the warrant is addressed; and
(b)
in any other case, the period ending with the end of the first working day after it first so appeared to that person.]
(a)
that the individual in question has entered the British Islands; or
(b)
that a belief by the person to whom the warrant is addressed in the individual’s presence outside the British Islands was in fact mistaken.
Words in s. 16(3)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(5)(a) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
S. 16(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(6) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
Words in s. 16(5)(c) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(5)(b) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
S. 16(5A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 32(7) , 39(2); S.I. 2006/1013, art. 2(2)(b) | |
Exclusion of matters from legal proceedings.
— (1) Subject to section 18, no evidence shall be adduced, question asked, assertion or disclosure made or other thing done in, for the purposes of or in connection with any legal proceedings [F26 or Inquiries Act proceedings] which (in any manner)—(a)
discloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; or
(b)
tends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or be going to occur.
(a)
conduct by a person falling within subsection (3) that was or would be an offence under section 1(1) or (2) of this Act or under section 1 of the M18 Interception of Communications Act 1985;
(b)
a breach by the Secretary of State of his duty under section 1(4) of this Act;
(c)
the issue of an interception warrant or of a warrant under the M19 Interception of Communications Act 1985;
(d)
the making of an application by any person for an interception warrant, or for a warrant under that Act;
(e)
the imposition of any requirement on any person to provide assistance with giving effect to an interception warrant.
(a)
any person to whom a warrant under this Chapter may be addressed;
(b)
any person holding office under the Crown;
any member of the staff of the Serious Organised Crime Agency;]
any member of the Scottish Crime and Drug Enforcement Agency;]
(e)
any person employed by or for the purposes of a police force;
(f)
any person providing a postal service or employed for the purposes of any business of providing such a service; and
(g)
any person providing a public telecommunications service or employed for the purposes of any business of providing such a service.
“Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005;
“intercepted communications” means] any communication intercepted in the course of its transmission by means of a postal service or telecommunication system.
Words in s. 17(1) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(2) (with ss. 44, 50); S.I. 2005/1432, art. 2 | |
S. 17(3)(c) substituted (1.4.2006) for s. 17(3)(c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 133(1) (with Sch. 4 para. 133(2)); S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 17(3)(ca) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(3) | |
Words in s. 17(4) substituted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(3) (with ss. 44, 50); S.I. 2005/1432, art. 2 | |
1985 c. 56. | |
1985 c. 56. | |
Exceptions to section 17.
— (1) Section 17(1) shall not apply in relation to—(a)
any proceedings for a relevant offence;
(b)
any civil proceedings under section 11(8);
(c)
any proceedings before the Tribunal;
(d)
any proceedings on an appeal or review for which provision is made by an order under section 67(8);
any control order proceedings (within the meaning of the Prevention of Terrorism Act 2005) or any proceedings arising out of such proceedings;]
(e)
any proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; or
(f)
any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.
in the case of any proceedings falling within paragraph (da) to— (i) a person who, within the meaning of the Schedule to the Prevention of Terrorism Act 2005, is or was a relevant party to the control order proceedings; or (ii) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents a person falling within sub-paragraph (i);]
(a)
in the case of any proceedings falling within paragraph (e), to— (i) the appellant to the Special Immigration Appeals Commission; or (ii) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the M20 Special Immigration Appeals Commission Act 1997) represents that appellant; or
(b)
in the case of proceedings falling within paragraph (f), to— (i) the applicant to the Proscribed Organisations Appeal Commission; (ii) the organisation concerned (if different); (iii) any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or (iv) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.
(a)
a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; F34 ...
(b)
a disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him alone [F35 ; or
(c)
a disclosure to the panel of an inquiry held under the Inquiries Act 2005 in the course of which the panel has ordered the disclosure to be made to the panel alone.]
(a)
a relevant judge does order a disclosure under subsection (7)(b), and
(b)
in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,
(a)
any judge of the High Court or of the Crown Court or any Circuit judge;
(b)
any judge of the High Court of Justiciary or any sheriff;
(c)
(d)
any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).
(a)
an offence under any provision of this Act;
(b)
an offence under section 1 of the M26 Interception of Communications Act 1985;
(c)
an offence under [F37 section 47 or 48 of the Wireless Telegraphy Act 2006] ;
(f)
an offence under section 4 of the M28 Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) of that section;
(g)
an offence under section 1 or 2 of the M29 Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which incorporates or relates to the contents of any intercepted communication or any related communications data or tends to suggest as mentioned in section 17(1)(b) of this Act;
(h)
perjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;
(i)
attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and
(j)
contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.
S. 18(1)(da) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(2) | |
Words in s. 18(2) substituted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(3) | |
S. 18(2)(za) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(4) | |
S. 18(7)(c) and word inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(3) (with ss. 44, 50); S.I. 2005/1432, art. 2 | |
S. 18(8A) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(4) (with ss. 44, 50); S.I. 2005/1432, art. 2 | |
Words in s. 18(12)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 23 | |
Words in s. 18(12)(d) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) | |
Words in s. 18(12)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(2) (with art. 4(8)) | |
S. 18(12)(e) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1) , 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11) | |
1997 c. 68. | |
1985 c. 56. | |
1985 c. 56. | |
1955 c. 18. | |
1955 c. 19. | |
1957 c. 53. | |
1985 c. 56. | |
1984 c. 12. | |
1989 c. 6. | |
1911 c. 28. | |
Offence for unauthorised disclosures.
— (1) Where an interception warrant has been issued or renewed, it shall be the duty of every person falling within subsection (2) to keep secret all the matters mentioned in subsection (3).(a)
the persons specified in section 6(2);
(b)
every person holding office under the Crown;
every member of the staff of the Serious Organised Crime Agency;]
every member of the Scottish Crime and Drug Enforcement Agency;]
(e)
every person employed by or for the purposes of a police force;
(f)
persons providing postal services or employed for the purposes of any business of providing such a service;
(g)
persons providing public telecommunications services or employed for the purposes of any business of providing such a service;
(h)
persons having control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom.
(a)
the existence and contents of the warrant and of any section 8(4) certificate in relation to the warrant;
(b)
the details of the issue of the warrant and of any renewal or modification of the warrant or of any such certificate;
(c)
the existence and contents of any requirement to provide assistance with giving effect to the warrant;
(d)
the steps taken in pursuance of the warrant or of any such requirement; and
(e)
everything in the intercepted material, together with any related communications data.
(a)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
(a)
the disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Chapter; and
(b)
the person to whom or, as the case may be, by whom it was made was the client or a representative of the client.
(a)
in contemplation of, or in connection with, any legal proceedings; and
(b)
for the purposes of those proceedings.
(a)
by that Commissioner;
(b)
by the warrant or the person to whom the warrant is or was addressed;
(c)
by the terms of the requirement to provide assistance; or
(d)
by section 11(9).
S. 19(2)(c) substituted (1.4.2006) for s. 19(2)(c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 134(1) (with Sch. 4 para. 134(2)); S.I. 2006/378, art. 4(1) , Sch. para. 10 (with art. 4(2)-(7)) | |
S. 19(2)(ca) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(4) | |
Interpretation of Chapter I.
In this Chapter— “certified”, in relation to a section 8(4) certificate, means of a description certified by the certificate as a description of material the examination of which the Secretary of State considers necessary;
“external communication” means a communication sent or received outside the British Islands;
“intercepted material”, in relation to an interception warrant, means the contents of any communications intercepted by an interception to which the warrant relates;
“the interception subject”, in relation to an interception warrant, means the person about whose communications information is sought by the interception to which the warrant relates;
“international mutual assistance agreement” means an international agreement designated for the purposes of section 1(4);
“related communications data”, in relation to a communication intercepted in the course of its transmission by means of a postal service or telecommunication system, means so much of any communications data (within the meaning of Chapter II of this Part) as— (a) is obtained by, or in connection with, the interception; and (b) relates to the communication or to the sender or recipient, or intended recipient, of the communication;
“section 8(4) certificate” means any certificate issued for the purposes of section 8(4).
Acquisition and disclosure of communications data
21. (2) Conduct to which this Chapter applies shall be lawful for all purposes if— (3) A person shall not be subject to any civil liability in respect of any conduct of his which— (4) In this Chapter “communications data” means any of the following— (5) In this section “relevant enactment” means— (6) In this section “traffic data”, in relation to any communication, means— but that expression includes data identifying a computer file or computer program access to which is obtained, or which is run, by means of the communication to the extent only that the file or program is identified by reference to the apparatus in which it is stored. (7) In this section— and in this section “data”, in relation to a postal item, means anything written on the outside of the item.
Lawful acquisition and disclosure of communications data.
— (1) This Chapter applies to—(a)
any conduct in relation to a postal service or telecommunication system for obtaining communications data, other than conduct consisting in the interception of communications in the course of their transmission by means of such a service or system; and
(b)
the disclosure to any person of communications data.
(a)
it is conduct in which any person is authorised or required to engage by an authorisation or notice granted or given under this Chapter; and
(b)
the conduct is in accordance with, or in pursuance of, the authorisation or requirement.
(a)
is incidental to any conduct that is lawful by virtue of subsection (2); and
(b)
is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.
(a)
any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted;
(b)
any information which includes none of the contents of a communication (apart from any information falling within paragraph (a)) and is about the use made by any person— (i) of any postal service or telecommunications service; or (ii) in connection with the provision to or use by any person of any telecommunications service, of any part of a telecommunication system;
(c)
any information not falling within paragraph (a) or (b) that is held or obtained, in relation to persons to whom he provides the service, by a person providing a postal service or telecommunications service.
(a)
an enactment contained in this Act;
(b)
section 5 of the M30 Intelligence Services Act 1994 (warrants for the intelligence services); or
(c)
an enactment contained in Part III of the M31 Police Act 1997 (powers of the police and of customs officers).
(a)
any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,
(b)
any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,
(c)
any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and
(d)
any data identifying the data or other data as data comprised in or attached to a particular communication,
(a)
references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and
(b)
references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;
Obtaining and disclosing communications data.
— (1) This section applies where a person designated for the purposes of this Chapter believes that it is necessary on grounds falling within subsection (2) to obtain any communications data.(a)
in the interests of national security;
(b)
for the purpose of preventing or detecting crime or of preventing disorder;
(c)
in the interests of the economic well-being of the United Kingdom;
(d)
in the interests of public safety;
(e)
for the purpose of protecting public health;
(f)
for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department;
(g)
for the purpose, in an emergency, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health; or
(h)
for any purpose (not falling within paragraphs (a) to (g)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
(a)
if the operator is not already in possession of the data, to obtain the data; and
(b)
in any case, to disclose all of the data in his possession or subsequently obtained by him.
1988 c. 36. | |
Form and duration of authorisations and notices.
— (1) An authorisation under section 22(3)—(a)
must be granted in writing or (if not in writing) in a manner that produces a record of its having been granted;
(b)
must describe the conduct to which this Chapter applies that is authorised and the communications data in relation to which it is authorised;
(c)
must specify the matters falling within section 22(2) by reference to which it is granted; and
(d)
must specify the office, rank or position held by the person granting the authorisation.
(a)
must be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;
(b)
must describe the communications data to be obtained or disclosed under the notice;
(c)
must specify the matters falling within section 22(2) by reference to which the notice is given;
(d)
must specify the office, rank or position held by the person giving it; and
(e)
must specify the manner in which any disclosure required by the notice is to be made.
(a)
the person giving the notice; or
(b)
such other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice;
(a)
shall not authorise or require any data to be obtained after the end of the period of one month beginning with the date on which the authorisation is granted or the notice given; and
(b)
in the case of a notice, shall not authorise or require any disclosure after the end of that period of any data not in the possession of, or obtained by, the postal or telecommunications operator at a time during that period.
(a)
that it is no longer necessary on grounds falling within subsection (2) of that section for the requirements of the notice to be complied with, or
(b)
that the conduct required by the notice is no longer proportionate to what is sought to be achieved by obtaining communications data to which the notice relates,
Arrangements for payments.
— (1) It shall be the duty of the Secretary of State to ensure that such arrangements are in force as he thinks appropriate for requiring or authorising, in such cases as he thinks fit, the making to postal and telecommunications operators of appropriate contributions towards the costs incurred by them in complying with notices under section 22(4). Interpretation of Chapter II.
— (1) In this Chapter— “communications data” has the meaning given by section 21(4);
“designated” shall be construed in accordance with subsection (2);
“postal or telecommunications operator” means a person who provides a postal service or telecommunications service;
“relevant public authority” means (subject to subsection (4)) any of the following— (a) a police force; [F43 (b) the Serious Organised Crime Agency;] [ F44 (ca) the Scottish Crime and Drug Enforcement Agency;] (d) the Commissioners of Customs and Excise; (e) the Commissioners of Inland Revenue; (f) any of the intelligence services; (g) any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.
(a)
on the authorisations and notices under this Chapter that may be granted or given by any individual holding an office, rank or position with a specified public authority; and
(b)
on the circumstances in which, or the purposes for which, such authorisations may be granted or notices given by any such individual.
(a)
remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and
(b)
make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.
(a)
that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or
(b)
that by virtue of subsection (4)(b) amends or repeals any provision of an Act,
S. 25(1): para. (c) in the definition of "relevant public authority" substituted (1.4.2006) for paras. (c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(2) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 25(1): para (ba) in the definition of "relevant public authority" inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(5) | |
S. 25(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(3) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 25(4)(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 135(4) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Surveillance and covert human intelligence sources
Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3 Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v) | |
Pts. 2 and 4 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3) | |
Conduct to which Part II applies.
— (1) This Part applies to the following conduct—(a)
directed surveillance;
(b)
intrusive surveillance; and
(c)
the conduct and use of covert human intelligence sources.
(a)
for the purposes of a specific investigation or a specific operation;
(b)
in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and
(c)
otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.
(a)
is carried out in relation to anything taking place on any residential premises or in any private vehicle; and
(b)
involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.
(a)
it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle; or
(b)
it is surveillance consisting in any such interception of a communication as falls within section 48(4).
(a)
is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle, but
(b)
is carried out without that device being present on the premises or in the vehicle,
(a)
is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of [F47 Part 4 of the Communications Act 2003)] , and
(b)
is carried out from outside those premises exclusively for that purpose,
(a)
references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (8), or is incidental to anything falling within any of those paragraphs; and
(b)
references to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.
(a)
he establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);
(b)
he covertly uses such a relationship to obtain information or to provide access to any information to another person; or
(c)
he covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.
(a)
surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;
(b)
a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; and
(c)
a relationship is used covertly, and information obtained as mentioned in subsection (8)(c) is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.
Words in s. 26(6)(a) substituted (1.4.2004) by Communications Act 2003 (c. 21), ss. 406, 411(2)(3), Sch. 17 para. 161(2) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 4(2) , Sch. 2 | |
Lawful surveillance etc.
— (1) Conduct to which this Part applies shall be lawful for all purposes if—(a)
an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and
(b)
his conduct is in accordance with the authorisation.
(a)
is incidental to any conduct that is lawful by virtue of subsection (1); and
(b)
is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.
(a)
an enactment contained in this Act;
(b)
section 5 of the M33 Intelligence Services Act 1994 (warrants for the intelligence services); or
(c)
an enactment contained in Part III of the M34 Police Act 1997 (powers of the police and of customs officers).
Authorisation of directed surveillance.
— (1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the carrying out of directed surveillance.(a)
that the authorisation is necessary on grounds falling within subsection (3); and
(b)
that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.
(a)
in the interests of national security;
(b)
for the purpose of preventing or detecting crime or of preventing disorder;
(c)
in the interests of the economic well-being of the United Kingdom;
(d)
in the interests of public safety;
(e)
for the purpose of protecting public health;
(f)
for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or
(g)
for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
(a)
consists in the carrying out of directed surveillance of any such description as is specified in the authorisation; and
(b)
is carried out in the circumstances described in the authorisation and for the purposes of the investigation or operation specified or described in the authorisation.
Authorisation of covert human intelligence sources.
— (1) Subject to the following provisions of this Part, the persons designated for the purposes of this section shall each have power to grant authorisations for the conduct or the use of a covert human intelligence source.(a)
that the authorisation is necessary on grounds falling within subsection (3);
(b)
that the authorised conduct or use is proportionate to what is sought to be achieved by that conduct or use; and
(a)
in the interests of national security;
(b)
for the purpose of preventing or detecting crime or of preventing disorder;
(c)
in the interests of the economic well-being of the United Kingdom;
(d)
in the interests of public safety;
(e)
for the purpose of protecting public health;
(f)
for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or
(g)
for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
(a)
is comprised in any such activities involving conduct of a covert human intelligence source, or the use of a covert human intelligence source, as are specified or described in the authorisation;
(b)
consists in conduct by or in relation to the person who is so specified or described as the person to whose actions as a covert human intelligence source the authorisation relates; and
(c)
is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.
(a)
that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have day-to-day responsibility for dealing with the source on behalf of that authority, and for the source’s security and welfare;
(b)
that there will at all times be another person holding an office, rank or position with the relevant investigating authority who will have general oversight of the use made of the source;
(c)
that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have responsibility for maintaining a record of the use made of the source;
(d)
that the records relating to the source that are maintained by the relevant investigating authority will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and
(e)
that records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.
(a)
prohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; and
(b)
impose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.
S. 29(2)(c) modified (6.11.2000) by S.I. 2000/2793, art. 4 | |
Persons entitled to grant authorisations under ss. 28 and 29.
— (1) Subject to subsection (3), the persons designated for the purposes of sections 28 and 29 are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order under this section.(a)
an authorisation under section 28 or 29, and
(b)
an authorisation by the Secretary of State for the carrying out of intrusive surveillance,
(a)
on the authorisations under sections 28 and 29 that may be granted by any individual holding an office, rank or position with a specified public authority; and
(b)
on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.
(a)
in relation to section 28 if it is specified in Part I or II of Schedule 1; and
(b)
in relation to section 29 if it is specified in Part I of that Schedule.
(a)
adding a public authority to Part I or II of that Schedule;
(b)
removing a public authority from that Schedule;
(c)
moving a public authority from one Part of that Schedule to the other;
(d)
making any change consequential on any change in the name of a public authority specified in that Schedule.
(a)
adding any public authority to Part I or II of that Schedule, or
(b)
moving any public authority from Part II to Part I of that Schedule,
Orders under s. 30 for Northern Ireland.
— (1) Subject to subsections (2) and (3), the power to make an order under section 30 for the purposes of the grant of authorisations for conduct in Northern Ireland shall be exercisable by the Office of the First Minister and deputy First Minister in Northern Ireland (concurrently with being exercisable by the Secretary of State).(a)
the Food Standards Agency;
F48 (b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
an authority added to Schedule 1 by an order made by that Office;
(d)
an authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.
(a)
shall not include power to make any provision dealing with an excepted matter;
(b)
shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.
(a)
adding any public authority to Part I or II of Schedule 1, or
(b)
moving any public authority from Part II to Part I of that Schedule,
(a)
make different provision for different cases;
(b)
contain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.
32. (2) Neither the Secretary of State nor any senior authorising officer shall grant an authorisation for the carrying out of intrusive surveillance unless he believes— (3) Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary— [F49 (3A) In the case of an authorisation granted by the chairman of the OFT, the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002 (cartel offence).] (4) The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means. (5) The conduct that is authorised by an authorisation for the carrying out of intrusive surveillance is any conduct that— (6) For the purposes of this section the senior authorising officers are—
Authorisation of intrusive surveillance.
— (1) Subject to the following provisions of this Part, the Secretary of State and each of the senior authorising officers shall have power to grant authorisations for the carrying out of intrusive surveillance.(a)
that the authorisation is necessary on grounds falling within subsection (3); and
(b)
that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.
(a)
in the interests of national security;
(b)
for the purpose of preventing or detecting serious crime; or
(c)
in the interests of the economic well-being of the United Kingdom.
(a)
consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;
(b)
is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and
(c)
is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.
(a)
the chief constable of every police force maintained under section 2 of the M38 Police Act 1996 (police forces in England and Wales outside London);
(b)
the Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;
(c)
the Commissioner of Police for the City of London;
(d)
the chief constable of every police force maintained under or by virtue of section 1 of the M39 Police (Scotland) Act 1967 (police forces for areas in Scotland);
(e)
the Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;
(f)
the Chief Constable of the Ministry of Defence Police;
(g)
the Provost Marshal of the [F50 Royal Navy Police] ;
(h)
the Provost Marshal of the Royal Military Police;
(i)
the Provost Marshal of the Royal Air Force Police;
(j)
the Chief Constable of the British Transport Police;
the Director General of the Serious Organised Crime Agency and any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;]
any customs officer designated for the purposes of this paragraph by the Commissioners of Customs and Excise [F52 ; and
(n)
the chairman of the OFT.]
S. 32(3A) inserted (20.6.2003) by 2002 c. 40, ss. 199(2)(a), 27; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 32(6)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, (Sch. 16 para. 170; S.I. 2007/1442, art. 2(1) | |
S. 32(6)(k) substituted for s. 32(6)(k)(l) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 136 ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 32(6)(n) and word preceding it inserted (20.6.2003) by 2002 c. 40, ss. 199(2)(b), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
S. 32 modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 4(1) (with art. 6) | |
S. 32: functions transferred to the Scottish Ministers (15.12.2000) by virtue of S.I. 2000/3253 arts. 1(1)(3), 3, Sch. 2 (with art. 6) | |
S. 32(6)(m) restricted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 17, 53(1), Sch. 2 Pt. 1 para. 11(2)(b) ; S.I. 2005/1126, art. 2(2)(d) | |
1996 c. 16. | |
1967 c. 77. | |
Rules for grant of authorisations.
— (1) A person who is a designated person for the purposes of section 28 or 29 by reference to his office, rank or position with a police forceF53 ... shall not grant an authorisation under that section except on an application made by a member of the same force F54 ... .(a)
on an application made by a member of the same force F58 ... ; and
(b)
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force F58 ... .
(a)
an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, [F61 a member of the staff of the Serious Organised Crime Agency [F62 or a member of the Scottish Crime and Drug Enforcement Agency] ,] or who is a customs officer [F63 or the chairman or an officer of the OFT]; and
(b)
an authorisation given by, or on the application of, that individual under Part III of the M40 Police Act 1997;
(a)
the area of operation of a police force maintained under section 2 of the M41 Police Act 1996, of the metropolitan police force, of the City of London police force or of a police force maintained under or by virtue of section 1 of the M42 Police (Scotland) Act 1967 is the area for which that force is maintained;
(b)
the area of operation of the Royal Ulster Constabulary is Northern Ireland;
(c)
residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the M43 Ministry of Defence Police Act 1987, have the powers and privileges of a constable;
(d)
residential premises are in the area of operation of the [F64 Royal Navy Police] the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline;
(e)
the area of operation of the British Transport Police F65 ... is the United Kingdom;
F66 (f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
in relation to the Royal Navy Regulating Branch, if he is subject to the M44 Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;
(b)
in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the M45 Army Act 1955 for the time being applies by virtue of section 209 of that Act; and
(c)
in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the M46 Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.
S. 33(1A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(3) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 33(1B) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(6)(a) | |
S. 33(3A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(5) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 33(4A) inserted (20.6.2003) by 2002 c. 40, ss. 199(3), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 33(5)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 137(6) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Words in s. 33(5)(a) inserted (1.4.2007) by The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), arts. 1(3), 6, Sch. para. 4(6)(b) | |
Words in s. 33(5)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(4), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 33(6)(d) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 171(2)(a) ; S.I. 2007/1442, art. 2(1) | |
1997 c. 50. | |
1996 c. 16. | |
1967 c. 77. | |
1987 c. 4. | |
1957 c. 53. | |
1955 c. 18. | |
1955 c. 19. | |
Grant of authorisations in the senior officer’s absence.
— (1) This section applies in the case of an application for an authorisation for the carrying out of intrusive surveillance where—(a)
(b)
the case is urgent.
(a)
it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by any person who is a senior authorising officer by reference to the force [F69 or Agency] in question or, as the case may be, [F70 as chairman of the OFT or]by virtue of a designation by the Commissioners of Customs and Excise, and
(b)
it also not reasonably practicable, having regard to the urgency of the case, for the application to be considered by a person (if there is one) who is entitled, as a designated deputy of a senior authorising officer, to exercise the functions in relation to that application of such an officer,
(a)
a person is entitled to act for the chief constable of a police force maintained under section 2 of the M47 Police Act 1996 if he holds the rank of assistant chief constable in that force;
(b)
a person is entitled to act for the Commissioner of Police of the Metropolis, or for an Assistant Commissioner of Police of the Metropolis, if he holds the rank of commander in the metropolitan police force;
(c)
a person is entitled to act for the Commissioner of Police for the City of London if he holds the rank of commander in the City of London police force;
(d)
a person is entitled to act for the chief constable of a police force maintained under or by virtue of section 1 of the M48 Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;
(e)
a person is entitled to act for the Chief Constable of the Royal Ulster Constabulary, or for the Deputy Chief Constable of the Royal Ulster Constabulary, if he holds the rank of assistant chief constable in the Royal Ulster Constabulary;
(f)
a person is entitled to act for the Chief Constable of the Ministry of Defence Police if he holds the rank of deputy or assistant chief constable in that force;
(g)
(h)
a person is entitled to act for the Provost Marshal of the Royal Military Police or the Provost Marshal of the Royal Air Force Police if he holds the position of deputy Provost Marshal in the police force in question;
(i)
a person is entitled to act for the Chief Constable of the British Transport Police if he holds the rank of deputy or assistant chief constable in that force;
a person is entitled to act for the Director General of the Serious Organised Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;]
(l)
a person is entitled to act for a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise, if he is designated for the purposes of this paragraph by those Commissioners as a person entitled so to act in an urgent case.
a person is entitled to act for the chairman of the OFT if he is an officer of the OFT designated by it for the purposes of this paragraph as a person entitled so to act in an urgent case.]
in relation to the chief constable for a police force in England and Wales, means— (i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act;
(aa)
in relation to the chief constable for a police force in Scotland, means— (i) a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;]
(b)
in relation to the Commissioner of Police for the City of London, means a person authorised to act under section 25 of the M49 City of London Police Act 1839;
F77 (c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in s. 34(1)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(2) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Words in s. 34(1)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(a), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 34(2)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(3) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Words in s. 34(2)(a) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(b), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 34(4)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 172(a) ; S.I. 2007/1442, art. 2(1) | |
Words in s. 34(4)(g) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 172(b) ; S.I. 2007/1442, art. 2(1) | |
S. 34(4)(j) substituted (1.4.2006) for s. 34(4)(j)(k) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 138(4) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 34(4)(m) inserted (20.6.2003) by 2002 c. 40, ss. 199(5)(c), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
S. 34(6)(a)(aa) substituted (8.11.2006) for s. 34(6)(a) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 39 | |
1996 c. 16. | |
1967 c. 77. | |
1839 c. xciv. | |
Notification of authorisations for intrusive surveillance.
— (1) Where a person grants or cancels a [F78 police, SOCA, customs] [ F79 or OFT] authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to an ordinary Surveillance Commissioner.(a)
must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;
(b)
must be given in accordance with any such arrangements made for the purposes of this paragraph by the Chief Surveillance Commissioner as are for the time being in force; and
(c)
must specify such matters as the Secretary of State may by order prescribe.
(a)
state that the approval of a Surveillance Commissioner is required by section 36 before the grant of the authorisation will take effect; or
(b)
state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.
(a)
scrutinise the authorisation; and
(b)
in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.
(a)
the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and
(b)
in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(a)
a person who is a senior authorising officer by reference to a police force [F81 or the Serious Organised Crime Agency] ;
(b)
a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise; [F82 or]
the chairman of the OFT; or]
(c)
a person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b) [F84 or for a person falling within paragraph (ba).].
Words in s. 35(1) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(2) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Words in s. 35(1)(10) substituted (20.6.2003) by 2002 c. 40, ss. 199(6)(a), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 35(10) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(3)(a) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Words in s. 35(10)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 139(3)(b) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Word in s. 35(10)(b) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1) , Sch. (with art. 10) | |
S. 35(10)(ba) inserted (20.6.2003) by 2002 c. 40, ss. 199(6)(b), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 35(10)(c) inserted (20.6.2003) by 2002 c. 40, ss. 199(6)(c), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Approval required for authorisations to take effect.
— (1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—(a)
a member of a police force;
a member of the staff of the Serious Organised Crime Agency;]
(d)
a customs officer [F86 ; or.
(e)
an officer of the OFT.]
(a)
the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and
(b)
written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.
(a)
believes that the case is one of urgency, and
(b)
gives notice in accordance with section 35(3)(b),
(a)
a Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and
(b)
a Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.
(a)
where the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;
(b)
where the authorisation was granted by the Director General of the [F87 Serious Organised Crime Agency,] that Director General;
(c)
where the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;
where the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the Serious Organised Crime Agency by virtue of section 34(4)(j), that Director General;]
(f)
where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone’s deputy; [F89 and]
(g)
where the authorisation was granted by a customs officer, the customs officer for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners of Customs and Excise [F90 ; and.
(h)
where the authorisation was granted by the chairman of the OFT or a person entitled to act for him by virtue of section 34(4)(m), that chairman.]
(a)
in relation to— (i) a chief constable of a police force maintained under section 2 of the M50 Police Act 1996, (ii) the Commissioner of Police for the City of London, or (iii) a chief constable of a police force maintained under or by virtue of section 1 of the M51 Police (Scotland) Act 1967, to his designated deputy;
(b)
in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and
(c)
in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;
S. 36(1)(b) substituted (1.4.2006) for s. 36(1)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(2) ; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 36(1)(e) and word preceding it inserted (20.6.2003) by 2002 c. 40, ss. 199(7)(a), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Words in s. 36(6)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(3)(a) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 36(6)(d) substituted (1.4.2006) for s. 36(6)(d)(e) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 140(3)(b) ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
Word in s. 36(6)(f) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1) , Sch. (with art. 10) | |
S. 36(6)(h) and word preceding it inserted (20.6.2003) by 2002 c. 40, ss. 199(7)(b), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
1996 c. 16. | |
1967 c. 77. | |
Quashing of police and customs authorisations etc.
— (1) This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—(a)
a member of a police force;
a member of the staff of the Serious Organised Crime Agency;]
(d)
a customs officer [F92 ; or.
(e)
an officer of the OFT.]
(a)
an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and
(b)
an ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,
(a)
to the most senior relevant person (within the meaning of section 36); and
(b)
to the Chief Surveillance Commissioner.
(a)
the period for appealing against the decision to make the order has expired; and
(b)
any appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.
S. 37(1)(b) substituted (1.4.2006) for s. 37(1)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 141 ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 37(1)(e) and word preceding it inserted (20.6.2003) by 2002 c. 40, ss. 199(8), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Appeals against decisions by Surveillance Commissioners.
— (1) Any senior authorising officer may appeal to the Chief Surveillance Commissioner against any of the following—(a)
any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;
(b)
any decision of such a Commissioner to quash or cancel such an authorisation;
(c)
any decision of such a Commissioner to make an order under section 37 for the destruction of records.
(a)
he is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and
(b)
he is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.
(a)
is satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, but
(b)
considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,
Appeals to the Chief Surveillance Commissioner: supplementary.
— (1) Where the Chief Surveillance Commissioner has determined an appeal under section 38, he shall give notice of his determination to both—(a)
the person by whom the appeal was brought; and
(b)
the ordinary Surveillance Commissioner whose decision was appealed against.
(a)
to the persons mentioned in subsection (1); and
(b)
to the Prime Minister.
1997 c. 50. | |
Information to be provided to Surveillance Commissioners.
It shall be the duty of—(a)
every member of a police force,
every member of the staff of the Serious Organised Crime Agency,]
(d)
every customs officer [F94 , and,
(e)
every officer of the OFT,]
S. 40(b) substituted (1.4.2006) for s. 40(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 142 ; S.I. 2006/378, art. 4(1) , Sch. para. 10 (subject to art. 4(2)-(7)) | |
S. 40(e) and word preceding it inserted (20.6.2003) by 2002 c. 40, ss. 199(9), 279; S.I. 2003/1397, art. 2(1) , Sch. | |
Secretary of State authorisations.
— (1) The Secretary of State shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by—(a)
a member of any of the intelligence services;
(b)
an official of the Ministry of Defence;
(c)
a member of Her Majesty’s forces;
(d)
an individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance.
(a)
the interests of national security; and
(b)
the purpose of preventing or detecting serious crime.
(a)
on the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; and
(b)
on the circumstances in which, or the purposes for which, such authorisations may be granted on such an application.
Words in s. 41(7) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 173 ; S.I. 2007/1442, art. 2(1) | |
42. (2) A single warrant issued by the Secretary of State [F96 or, the Scottish Ministers (by virtue of provision under s. 63 of the Scotland Act 1998)]may combine both— but the provisions of this Act or the M53 Intelligence Services Act 1994 that are applicable in the case of the authorisation under this Part or the intelligence services warrant shall apply separately in relation to the part of the combined warrant to which they are applicable. (3) Intrusive surveillance in relation to any premises or vehicle in the British Islands shall be capable of being authorised by a warrant issued under this Part on the application of a member of the Secret Intelligence Service or GCHQ only if the authorisation contained in the warrant is one satisfying the requirements of section 32(2)(a) otherwise than in connection with any functions of that intelligence service in support of the prevention or detection of serious crime. (4) Subject to subsection (5), the functions of the Security Service shall include acting on behalf of the Secret Intelligence Service or GCHQ in relation to—
Intelligence services authorisations.
— (1) The grant by the Secretary of State [F96 or, the Scottish Ministers (by virtue of provision under section 63 of the Scotland Act 1998)] on the application of a member of one of the intelligence services of any authorisation under this Part must be made by the issue of a warrant.(a)
an authorisation under this Part; and
(b)
an intelligence services warrant;
(a)
the application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; and
(b)
the carrying out, in connection with any such matter, of any conduct authorised by such an authoris