Regulation of investigatory Powers Bill

EXPLANATORY NOTES

INTRODUCTION

1. These explanatory notes relate to the Regulation of Investigatory Powers Bill as introduced in the House of Commons on 9 February 2000. They have been prepared by the Home Office in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given.

SUMMARY AND BACKGROUND

3. The main purpose of the Bill is to ensure that the relevant investigatory powers are used in accordance with human rights. These powers are:

the interception of communications;
intrusive surveillance (on residential premises/in private vehicles);
covert surveillance in the course of specific operations;
the use of covert human intelligence sources (agents, informants, undercover officers);
the acquisition of communications data (eg billing data);
access to encrypted data.

4. For each of these powers, the Bill will ensure that the law clearly covers:

the purposes for which they may be used;
which authorities can use the powers;
who should authorise each use of the power;
the use that can be made of the material gained;
independent judicial oversight;
a means of redress for the individual.

5. Not all of these matters need be dealt with in this Bill - in many cases existing legislation already covers the ground. The Bill will work in conjunction with existing legislation, in particular the Intelligence Services Act 1994, the Police Act 1997 and the Human Rights Act 1998.

OVERVIEW

6. The Bill is in five parts.

Interception of Communications and the Acquisition and Disclosure of Communications Data

7. The existing arrangements for the interception of communications are established in the Interception of Communications Act 1985. Significant changes to that Act were proposed in the Consultation Paper "Interception of Communications in the United Kingdom" (CM 4368) published on 22 June 1999. A summary of the responses, along with copies of responses, is available at http://www.homeoffice.gov.uk/oicd/conslist2.htm.

8. This Bill repeals the 1985 Act and provides for a new regime for the interception of communications incorporating the changes proposed in the consultation paper. These changes go beyond what is strictly required for human rights purposes and provide also for the changed nature of the communications industry since 1985.

9. The provisions also implement Article 5 of Council Directive 97/66 of 15 December 1997, known as the "Telecommunications Data Protection Directive", which requires member states to safeguard the confidentiality of communications.

Surveillance and Covert Human Intelligence Sources

10. This Part provides a statutory basis for authorisation and use by the security and intelligence agencies, law enforcement and other public authorities of covert surveillance, agents, informants and undercover officers. It will regulate the use of these techniques and safeguard the public from unnecessary invasions of their privacy.

Investigation of Electronic Data Protected by Encryption etc

11. This Part contains provisions to maintain the effectiveness of existing law enforcement powers in the face of increasing criminal use of encryption. Specifically, it will introduce a power to demand access to protected (encrypted) data.

12. The first consultation on this subject was undertaken by the previous administration in March 1997. A broader consultation "Building Confidence in Electronic Commerce: A Consultation Document was launched on 5 March 1999 (URN 99/642). Finally, provisions very similar to these were published as Part III of the draft Electronic Communications Bill issued for consultation on 23 July 1999 (CM 4419).

Scrutiny of Investigatory Powers and Codes of Practice

13. This Part ensures that there will be independent judicial oversight of powers where necessary.

14. It also establishes a Tribunal as a means of redress for those who wish to complain about the use of the powers.

15. Finally, it provides for the Secretary of State to issue Codes of Practice covering the use of the powers covered by the Bill.

Miscellaneous and Supplemental

16. This Part makes minor amendments to Part III of the Police Act 1997 in the light of operational experience and extends those provisions to the Ministry of Defence Police, the British Transport Police and the Service Police.

17. Both the Police Act and the Intelligence Services Act 1994 are amended to ensure authority is given for interference with property or wireless telegraphy only where it is proportionate to do so.

COMMENTARY ON CLAUSES

Clause 1: Unlawful and authorised interception

18. This Clause creates the offences of unlawful interception and a separate tort of unlawful interception, explains the locations and circumstances in which each is applicable, and the circumstances in which interception is lawful.

19. Subsection (1) sets out the circumstances in which interception of a communication being transmitted by a public postal service or public telecommunication system is a criminal offence. The offence is similar to that created by Section 1 of the Interception of Communications Act 1985, which this Bill repeals.

"Public postal service" and "public telecommunication system" are defined in Clause 2(1).

20. Subsection (2) sets out the circumstances in which interception of a communication being transmitted by a private telecommunication system is an offence, and cross refers to subsection (6) where the circumstances in which such interception is not a criminal offence are explained.

"Private telecommunication system" is defined in Clause 2(1)

21. Subsection (3) creates the tort of unlawful interception on a private telecommunications network, the locations at which the tort applies and the persons who may bring an action under this subsection, namely the sender, recipient or intended recipient. For example, where an employee believes that their employer has unlawfully intercepted a telephone conversation with a third party, either the employee or the third party may sue the employer. Clause 4(2) outlines circumstances in which interception by an employer may be lawful.

22. Subsection (4) applies to international agreements on mutual assistance in connection with the interception of communications which are designated under this subsection by an order made by the Secretary of State (negative resolution, see Clause 68). This will enable the United Kingdom to comply with the interception provisions in the draft Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. Although no similar agreements are currently under negotiation, this subsection will provide flexibility for the future.

23. In respect of agreements designated by this order, this subsection places the Secretary of State under a duty to ensure that no request for mutual assistance to intercept communications is made unless it has lawful authority in accordance with subsection (5). In practice, for the purposes of the draft Convention on Mutual Assistance in Criminal Matters, this will require the Secretary of State to issue an interception warrant under Clause 5(1)(b) prior to any request for mutual assistance.

"International mutual assistance agreement" is defined in Clause 19

24. Subsection (5) explains the circumstances in which interception of communications is lawful, and where the offences and the tort created in subsections (1), (2) and (3) do not therefore apply. These are where the interception is not authorised by an interception warrant yet falls into one of the exceptions described in Clauses 3 or 4 (for example where all parties to the communication consent to the interception); where an interception warrant is in existence; or where an existing statutory power is used in order to obtain stored communications. In the latter case, this covers circumstances such as where a person has been arrested in possession of a pager, and the police have reason to believe that the messages sent previously to that pager may be of assistance in the case. In this case they would be able to apply to seek from a circuit judge an order under Schedule 1 to the Police and Criminal Evidence Act 1984 for the stored data to be produced.

25. Subsection (6) cross refers to subsection (2) and explains the circumstances in which interception of communications activity may fall outside the scope of the criminal offence but within that of the civil tort. Essentially, it allows a person with a right to control a private telecommunication network to intercept on their own network without committing an offence. Examples of this type of activity are an individual using a second handset in a house to monitor a telephone call, and a large company in the financial sector routinely recording calls from the public in order to retain a record of transactions.

26. Subsection (7) specifies the maximum penalties to which a person who is found guilty of the criminal offence of unlawful interception may be sentenced; if he is found guilty in a Magistrates' Court he may be fined up to the statutory maximum (currently £5000); in the Crown Court he may be imprisoned for a period up to two years, or may be fined, or both. There is no upper limit to a fine on conviction in the Crown Court.

Clause 2: Meaning and location of "interception" etc

27. This Clause sets out the definitions of telecommunications and postal services and systems relevant to the Bill, and assists in the interpretation of interception and other related matters.

"Private telecommunication system" is defined as any telecommunication system which is not a public telecommunication system; but is attached to such a system. This means that an office network, linked to a public telecommunication system by a private exchange, is to be treated as a private system. Interception of such a system by other than the system controller or with his consent is a criminal offence. An entirely self-standing system, on the other hand, such as a secure office intranet, does not fall within the definition.

28. Subsection (2) outlines the cases in which an interception of a communication takes place. This is relevant to the criminal offence and the tort in Clause 1; and to the issuing of a warrant by the Secretary of State which authorises or requires interception in Clause 5. The definition only applies to interception of communications on telecommunication systems.

"Wireless telegraphy" and "apparatus" are defined in Clause 71.

29. Subsection (4) explains the phrase "in the United Kingdom" in Clause 1(1), (2) and (3). Either (a) or (b) must apply for the offence in 1(2) to occur. 30. Subsection (5) excludes from the definition of interception in subsection (2) any conduct which relates only to the communications data comprised in or attached to a communication (expanded in subsection (9)), or which relates only to so much of the content of the communication as is necessary in order to identify this communications data.

31. Subsection (7) expands the phrase "while being transmitted", which is used in the tail of subsection (2). The times when a communication is taken to be in the course of its transmission include any time when it is stored on the system for the intended recipient to collect or access. This means that an interception takes place, for example, where an electronic mail message stored on a web-based service provider is disclosed to someone other than the sender or intended recipient, or where a pager message waiting to be collected is so disclosed. Provision is made for such disclosures in Clause 1(5)(c).

32. Subsection (9) ensures that the references to data being attached to a communication in subsection (5) include data which may not be transmitted simultaneously with the contents of that communication; for example, the data which identifies the number of the person making a telephone call (the calling line identifier).

Clause 3: Lawful interception without an interception warrant

33. This Clause authorises certain kinds of interception without the need for a warrant under Clause 5, namely where one or more parties to a communication have consented to the interception, conduct is in relation to the provision or operation of services, or conduct takes place with the authority of the Secretary of State in relation to the Wireless Telegraphy Act 1949.

34. Subsection (1) authorises interception where both the sender and the intended recipient of a communication have consented to its interception. This situation applies to the overt use of a telephone answering machine, for example.

35. Subsection (2) authorises interception where:

either the sender or intended recipient of a communication has consented to its interception; and
the interception has been authorised under Part II (Clause 27).

36. This situation might arise where a kidnapper is telephoning relatives of a hostage, and the police wish to record the call for the purpose of preventing or detecting serious crime.

37. Subsection (3) authorises interception where it takes place for service provision or operation purposes, or where any enactment relating to the use of a service is to be enforced. This might occur, for example, where the postal provider needs to open a postal item to determine the address of the sender because the recipient's address is unknown.

38. Subsection (4) authorises interception where it is authorised by a designated person and is undertaken for purposes connected with certain parts of the Wireless Telegraphy Act 1949. Section 5 of that Act, as amended by Clause 64, makes provision for interception of wireless telegraphy under the Secretary of State's authority.

"Designated person" is defined in Clause 64(11).

Clause 4: Power to provide for lawful interception

39. This Clause lists the cases where a power may be taken to provide for lawful interception without the need for a warrant under Clause 5: under an international mutual assistance agreement; under regulations made by the Secretary of State to permit certain kinds of interception in the course of lawful business practice; under prison rules; and in hospital premises where high security psychiatric services are provided.

40. Subsection (1) enables the Secretary of State to make regulations specifying the conditions under which communication service providers may be authorised to use telecommunications systems located in the United Kingdom to intercept the communications of subjects on the territory of another country in accordance with the law of that country. This subsection applies only where the subject of the interception is in the country whose competent authorities issued the interception warrant. The inclusion of the phrase "or who the interceptor has reasonable grounds for believing is in a country or territory outside the United Kingdom" reflects the fact that it will not always be possible to be certain about the precise location of the interception subject.

41. In practice, the "interceptor" is likely to be a communication service provider located in the UK which is either providing a public telecommunications service to another country or is in a business relationship with another communication service provider providing such a service.

42. This subsection will allow the United Kingdom to comply with Article 17 of the draft Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. This Article, as currently drafted, is intended to allow operators of satellite communications systems to use a ground station in one Member State to facilitate interception using a "service provider" (in practice, a communications service provider which is in a business relationship with the satellite operator) located in another Member State. The "service provider" and the subject of interception are required to be in the same Member State.

43. Subsection (2) makes provision for the Secretary of State to make regulations describing the kinds of interception which it is lawful to carry out in the course of the carrying on of a business. Article 5 of Directive 97/66/EC (the Telecommunications Data Protection Directive) exempts from its prohibition on interception:

44. Subsection (4) makes reference to prison rules. Sections 47 and 39 of the respective Acts provide for the Secretary of State to make rules for the regulation and management of prisons and similar institutions, and for the classification, treatment, employment, discipline and control of people detained in them. The rules must, by virtue of section 6 of the Human Rights Act 1998, be compatible with the Convention rights.

45. Subsection (5) makes reference to directions under section 17 of the National Health Service Act 1977. Under section 4 of that Act the Secretary of State has a statutory duty to provide hospital services for persons who are liable to be detained under the Mental Health Act 1983 and in his opinion require treatment under conditions of high security on account of their dangerous, violent or criminal propensities. Under section 17 the Secretary of State may give directions to NHS bodies providing high security psychiatric services about their exercise of any functions. The directions must be compatible with Convention rights.

"high security psychiatric service" and "hospital premises" are defined in subsection (7).

Clause 5: Interception with a warrant

46. This clause allows for interception to be carried out when an interception warrant has been issued by the Secretary of State and sets out the grounds on which a warrant may be issued. For "addressed", see clause 7(3).

47. Subsection (1)(a) authorises the interception of communications sent by means of a postal service or telecommunications system.

"Interception" is described in Clause 2.

48. Subsection (1)(b) allows the Secretary of State to issue an interception warrant for the purpose of making a request for assistance under an international mutual assistance agreement designated under Clause 1(4).

49. Subsection (1)(c) allows the Secretary of State to issue an interception warrant for the purpose of complying with a request for assistance under an international mutual assistance agreement designated under Clause 1(4).

50. Subsection (1)(d) allows for the disclosure of intercepted material and related communications data in a manner described by the warrant.

"Postal service" and "telecommunications system" are defined in clause 2(1).

"Related communications data", "intercepted material" and "international mutual assistance agreement" are defined in clause 19.

51. Subsection (2) requires that the Secretary of State may not issue an interception warrant unless he is satisfied that the warrant is necessary on grounds set out in subsection (3). Subsection (2)(b) introduces a proportionality test. Proportionality, under Convention case-law, is an essential part of any justification of conduct which interferes with an Article 8 right to privacy.

52. Subsection (3) sets out the grounds on which the Secretary of State may issue warrants. He may not do so unless he considers that the warrant is necessary on one of those grounds. It would not therefore be sufficient for him to consider that a warrant might be useful in supplementing other material, or that the information that it could produce could be interesting. The word 'necessary' reflects the wording of Article 8 of the Convention - "necessary in a democratic society".

53. Subsection (3)(a) "in the interests of national security" is the term used in Article 8 of the Convention. "National security" is not defined in the Bill, as it is not in any other legislation in which it is used.

54. Subsection (3)(b) "for the purpose of preventing or detecting serious crime". This reflects the provision in Article 8 "for the prevention of disorder and crime", but is qualified by the word "serious".

"Serious crime" is defined in clause 71(2) and (3).

55. Subsection (3)(c) "for the purpose of safeguarding the economic well-being of the United Kingdom" - this provision should be read in conjunction with Clause 5(5) which introduces an important limitation on its effect. Under Clause 5(5) the Secretary of State is prevented from considering a warrant necessary under Clause 5(3)(c) unless the information to be acquired under it is information relating to acts or intentions of persons outside the British Islands. A warrant could not therefore properly be issued in relation to purely domestic events. As with the other purposes for which interception is permitted, Clause 5(3)(c) closely reflects the wording of Article 8 of the Convention, though the term in Article 8 is understood to have a broader meaning and would include, for example, the protection of tax revenues. The limitation imposed in 5(5) is not found in the Convention.

56. Subsection (3)(d) ensures that the Secretary of State will not issue an interception warrant for the purpose of an international mutual assistance agreement designated under Clause 1(4) unless he is satisfied that the circumstances are equivalent to those in which he would issue a warrant for the prevention or detection of serious crime.

"International mutual assistance agreement" is defined in Clause 19: it must be designated for the purposes of clause 1(4).

57. Subsection (4) adds a further requirement upon the Secretary of State, in addition to those contained within subsections (2) and (3).

58. Subsection (6)(a) provides for the interception of such other communications (if any) as it is necessary to intercept in order to intercept the communications authorised by the warrant. This provides for situations where other communications are unavoidably intercepted in the course of intercepting the warranted communications.

59. Subsection (6)(b) allows for related communications data to be obtained during the course of interception. For example, this could cover the actions of a provider of communications services in effecting the requirements of a warrant where the intercepted material comprises both communications and related communications data.

60. Subsection (6)(c) allows for assistance in giving effect to the warrant to be provided to a person to whom the warrant is addressed; for example, by a person listed in Clause 11(4).

Clause 6: Application for issue of interception warrants

61. Clause 6 describes the persons who may apply for warrants.

Clause 7: Issue of warrants

62. Clause 7 describes the persons who may sign interception warrants and the circumstances in which they may do so.

63. The combined effect of subsections (1) and (2) is that the warrant must be signed by the Secretary of State unless the case is either urgent or the purpose is to comply with a request for mutual assistance where the subject of the interception and the competent authority making the request are outside the United Kingdom.

64. In urgent cases a warrant may be signed by a senior official. The procedure in urgent cases has three elements:

the senior official who signs the warrant must be expressly authorised by the Secretary of State to do so (under subsection (2));
that express authorisation must be in relation to that particular warrant (subsection (2)(a)); and
under subsection (4)(a) the official who signs the warrant must endorse on it a statement that he has been expressly authorised by the Secretary of State to sign that particular warrant.

65. Thus, even where the urgency procedure applies, the Secretary of State must have given personal consideration to the application in order to give instructions to a senior official for the signing of that particular warrant, which will be limited in duration to five working days.

"Senior official" is defined in Clause 71(1).

"International mutual assistance agreement" is defined in Clause 19.

66. Subsection (2)(b) allows an interception warrant to be issued under the hand of a senior official for the purpose of complying with a request for mutual assistance under an international mutual assistance agreement (designated under Clause 1(4)) in circumstances in which the subject of the interception and the competent authority making the request are outside the United Kingdom.

67. This will allow the United Kingdom to comply with the requirements of Article 16 of the draft Convention on Mutual Assistance in Criminal Matters. Article 16 includes the situation where the United Kingdom is requested to issue an interception warrant to the operator of a satellite ground station in the United Kingdom for the purpose of intercepting a satellite telephone being used on the territory of another Member State. Article 16 enables such warrants to be issued by the requested Member State (in this case, the United Kingdom) "without further formality" provided the competent authorities of the requesting Member State have already issued an interception order against the subject of interception. Since no decision is being made on the merits of the case, and the purpose of the warrant is solely to require the satellite operator to provide technical assistance to the other Member State, it is considered appropriate for these warrants to be issued by senior officials rather than the Secretary of State.

68. Subsection (3) specifies to whom the warrant must be addressed (see list in Clause 6(2)) and that in the case of a warrant under the hand of a senior official it contains one of the statements in subsection (4). The statement in subsection (4)(a) relates to urgent cases and is explained above.

69. Subsection (4)(b) applies only in cases where the warrant is issued in connection with a request made under an international mutual assistance agreement. It ensures, in conjunction with subsection (5), that a statement of the purpose of the warrant is recorded, including the fact that it appears, at the time of the issue of the warrant, that the interception subject is outside the United Kingdom.

Clause 8: Contents of warrant

70. This Clause describes the two different forms which a warrant may take.

71. Subsections (1)(a) and (b) require that either the person or the set of premises to be intercepted is named or described on the face of the warrant.

"Person" is defined in Clause 71(1).

"Interception" is described in Clause 2.

72. Subsection (2) requires that a warrant must include one or more schedules setting out how the communications from or intended for the person described in the warrant, or originating on or intended for transmission to the premises named in the warrant, are to be identified.

"Communication" is defined in clause 71(1).

73. Subsection (3) describes a second form which warrants may take. It applies if conditions in subsections (3)(a) and (b), and (4)(a) or (b) are met.

74. Subsection (3)(a) confines the conduct authorised or required by the warrant to conduct falling within subsection (4).

75. Subsection (3)(b) requires that at the time when the Secretary of State issues the warrant there must be in existence a certificate certifying the description of intercepted material the examination of which he considers necessary as is mentioned in clause 5(3)(a), (b) or (c) - namely the purposes for the issue of warrants. The effect of this subsection is to require the Secretary of State to authorise a certificate describing the intercepted material which falls properly within the purpose and may therefore be read, looked at or listened to by any person. No other intercepted material, though the communications are lawfully intercepted, may be so examined. The material authorised for examination is therefore fully subject to Ministerial control.

76. Subsection (4)(a) covers conduct that consists in the interception of communications in the course of their transmission by a telecommunications system. The effect of this is to limit warrants under this provision to telecommunications, and to exclude postal items. These telecommunications must also be external communications, i.e. sent or received outside the British Islands.

77. Subsection (4)(b) covers conduct authorised by an interception warrant by Clause 5(6). See Explanatory Notes for Clause 5(6)(a) to (c).

"External communications" is defined in Clause 19.

78. Subsection (5) requires a certificate to be issued under the hand of the Secretary of State. The control exercised through the certificate has therefore to be a personal Ministerial one. There is no provision for delegation of this power to officials, even in urgent cases.

Clause 9: Duration, cancellation and renewal of warrants.

79. Clause 9 provides for the issue, duration and renewal of warrants.

80. Subsection (1)(a) states that a warrant ceases to have effect at the end of the relevant period unless renewed under the power in subsection (1)(b). A renewal instrument must be issued under the hand of the Secretary of State unless the warrant was issued under Clause 7(2)(b), in which case the renewal instrument may be issued by a senior official. Clause 7(2)(b) applies to cases in which the warrant is issued to comply with a request for mutual assistance where the subject of interception or the relevant premises and the competent authority making the request are outside the United Kingdom.

"Relevant period" is defined in subsection (6).

"Working day" is defined in clause 71(1).

81. Subsection (2) adds a condition that the Secretary of State may only renew a warrant under subsection (1) if he considers that the warrant continues to be necessary as mentioned in Clause 5(3) (in the interests of national security, for the purpose of preventing or detecting serious crime, for the purpose of safeguarding the economic well-being of the UK or 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).

82. Subsection (3) requires the Secretary of State to cancel a warrant at any time if he considers that it is no longer necessary as mentioned in Clause 5(3).

83. Subsection (4) requires the Secretary of State to cancel a warrant where the warrant or renewal instrument was issued under the hand of a senior official on the basis that the subject of the interception was outside the United Kingdom, but the subject is now in the United Kingdom. For the interception to continue in such circumstances, a new warrant will need to be issued by the Secretary of State himself.

84. Subsection (5) applies to renewal instruments issued under the hand of a senior official for the purpose of renewing a warrant issued to comply with a request for mutual assistance where the subject of interception and the competent authority making the request are outside the United Kingdom. In such cases, the renewal instrument must contain a statement that the interception subject or the premises to which the interception relates are outside the United Kingdom.

85. Subsection (6)(a) applies to warrants issued under the urgency procedure in 7(2)(a). Such warrants last for a maximum of five working days following the day of the warrant's issue. Thus a warrant issued in this way at any time on day one will expire at midnight on the fifth working day after day one. If renewed under the hand of the Secretary of State within five working days a warrant initially issued under the urgency procedure then falls within subsection (6)(c) and is valid for three months beginning with the day of the renewal.

86. Under subsection (6)(b) the relevant period is six months, beginning with the day of the warrant's renewal. The result of this is that warrants the renewal of which is considered necessary as mentioned in section 5(3)(a) (in the interests of national security) or (c) (for the purpose of safeguarding the economic well-being of the UK) lapse unless renewed by the Secretary of State within a period of six months.

87. Under subsection (6)(c) the relevant period is 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. The effect of this is that all new warrants, and all warrants the renewal of which is considered necessary as mentioned in section 5(3)(b) (for the purpose of preventing or detecting serious crime), are valid for three months from the day of the warrant's issue or renewal.

"International mutual assistance agreement" is defined in Clause 19.

Clause 10: Modification of warrants and certificates

88. Clause 10 sets out the circumstances in which warrants and certificates may be modified and by whom this may be done.

89. Subsection (1)(a) gives the Secretary of State the power to modify the provisions of an interception warrant.

90. Subsection (1)(b) gives the Secretary of State the power to modify the description of interception material specified in a Clause 8(3) certificate so as to include any material the examination of which he considers necessary for a purpose mentioned in Clause 5(3)(a), (b) or (c) (in the interests of national security, for the purpose of preventing or detecting serious crime, for the purpose of safeguarding the economic well-being of the UK).

91. Subsection (2) requires the Secretary of State to modify a schedule if at any time he considers that any factor in the schedule is no longer relevant for identifying communications from, or intended for, the person named or described in the warrant or the communications originating on or intended for transmission to the premises so named or described. The modification is to take the form of the deletion of the factor in question. This provision is the modification equivalent of the cancellation provision in Clause 9(3).

92. Subsection (3) requires the Secretary of State to modify the description in a certificate if at any time he considers that it includes material the examination of which is no longer necessary for the purposes mentioned in paragraphs 5(3)(a) to (c). The modification is to take the form of the exclusion of the material in question.

93. Subsection (4) allows only the Secretary of State or a senior official to modify a warrant or certificate subject to subsections (5) and (6).

94. By subsection (5), a senior official may only modify the unscheduled parts (explained in subsection (10) below) of an interception warrant in an urgent case where the official is expressly authorised by the Secretary of State himself to make the modification and a statement of that fact is on the modifying instrument. This is the same as the urgency procedure for the issue of warrants.

95. The restriction in subsection (5) does not apply to the scheduled parts of a warrant, which may therefore be modified without each modification being referred personally to the Secretary of State. Such modifications shall be valid for five working days - see subsection (9). But subsection (6) restricts the senior officials who may modify the scheduled parts of a warrant by prohibiting those listed in Clause 6(2) or their subordinates from making modifications under this provision. The intention is that this function will only be exercised by senior officials in the department of a Secretary of State.

96. Subsection (7) requires that a senior official may only modify a section 8(3) certificate in an urgent case where the official is expressly authorised by the provisions contained in the certificate to modify the certificate on the Secretary of State's behalf or the Secretary of State has expressly authorised the modification and a statement of that fact is on the modifying instrument. Again such modifications shall be valid for five working days - see subsection (9).

97. Subsection (8) is a separate power to that provided by subsection (4). It permits the persons listed in Clause 6(2) or any of their subordinates, where they are expressly authorised by the warrant, to make urgent modifications to the scheduled parts of an interception warrant. Again such modifications shall be valid for five working days - see subsection (9).

"Working day" is defined in Clause 71(1).

98. Subsection (10) explains the meaning of the term "scheduled parts of an interception warrant".

Clause 11: Implementation of warrants

99. This Clause addresses the question of how an interception warrant may be implemented once it has been authorised, and the role of different people within this process.

100. Subsection (1) allows the interception to be carried out either by the person to whom the warrant is addressed (ie where it is technically feasible, by the intercepting agency itself), or by other persons providing assistance in the implementation.

101. Subsection (2). Where an intercepting agency either requires or requests another person to assist it in implementing an interception, it is likely that the person providing assistance will wish to be satisfied that there is an interception warrant in existence to provide legal cover for their actions. This subsection provides for this, allowing the intercepting agency to provide either a copy of the warrant or to make arrangements whereby a copy is provided.

102. Subsection (3). Where a copy of a warrant is served upon a person providing assistance in accordance with subsection (2), this subsection allows the intercepting agency to restrict the disclosure of the warrant to just that material which the person providing assistance needs to see in order to satisfy themselves that their actions are authorised. Most commonly this may involve a communications service provider only being shown the front of the warrant (showing the name of the person to be intercepted) and the specific schedule which identifies the communications which they are being asked to provide assistance in intercepting.

103. Subsection (4) states that where a person providing a communications service is required to give assistance in accordance with an interception warrant, they must do everything required of them by the person to whom the warrant is addressed in order to effect the interception, subject to subsection (5).

104. Subsection (5) provides the balance for subsection (4) above by requiring that no unreasonable requests may be made of a person providing a communications service in implementing an interception warrant.

105. Subsection (6) expands upon what "reasonable assistance" could mean for a person providing a communications service, and cross references to Clause 12 (maintenance of intercept capability). It explains that that where such a person has had an obligation to provide an intercept capability imposed upon them, it is reasonable to expect them to be able to provide assistance with an intercept up to the level of the imposed capability.

106. Subsection (7) creates a criminal offence of knowingly failing to comply with a requirement to provide reasonable assistance in implementing an interception warrant. It goes on to specify the maximum penalties which a person who is found guilty of this offence may be sentenced to; if he is found guilty in a Magistrates' Court he may be fined up to the statutory maximum (currently £5000) or imprisoned for up to six months, or both. In a Crown Court he may be imprisoned for a period up to two years, or may be fined (unlimited fine) or both.

107. Subsection (8) also allows the Secretary of State to take civil proceedings against a person who fails to provide reasonable assistance under subsection (4) in order to compel them to provide such assistance by means of, inter alia, an injunction or other appropriate relief.

108. Subsection (9) explains that the term "provision of assistance" includes the actual disclosure of the intercepted material and related communications data to the person to whom the warrant is addressed (or his representative).

Clause 12: Maintenance of interception capability

109. This clause provides a power allowing the Secretary of State to impose obligations upon providers of publicly available communication services to maintain a reasonable intercept capability.

110. Subsection (1) provides the mechanism by which the Secretary of State may impose obligations upon persons providing or planning to provide public postal services or public telecommunications services. It requires that the Secretary of State does this through an order (negative resolution, see Clause 68) which lays out the obligations which he believes are reasonable, with the aim of ensuring that providers of publicly available communications are capable of providing assistance with the implementation of interception warrants. The order itself will not impose specific requirements on communication service providers but it will describe in general terms the kind of intercept capability which they may be required to provide.

111. Subsection (2) follows on from subsection (1) above and explains that the Secretary of State is required to issue an individual notice to each provider of public postal services or public telecommunications services describing in much greater detail than the order the precise intercept requirement which he is imposing.

112. Subsection (3) makes clear that requirements imposed by the Secretary of State under subsection (2) must be restricted to requirements ensuring the provision of an intercept capability.

113. Subsection (4) requires persons served with a notice under subsection (2) to comply with it, and goes on to allow the Secretary of State to take civil proceedings against a person who fails to comply with the notice in order to compel them to provide an intercept capability by means of, inter alia, an injunction, or other appropriate relief.

114. Subsection (5) requires the Secretary of State to give a clear time scale within notices issued under subsection (2), explaining how long communication service providers have in order to implement the requirements described in the notice.

115. Subsection (6) requires the Secretary of State to consult with a number of parties prior to making an order. These parties include the persons the order is likely to affect (ie providers of publicly available communications services) and their representatives, and bodies such as OFTEL and the DTI which have statutory functions affecting providers of communication services.

116. Subsection (7) explains that the term "reasonable intercept capability" may include arrangements for disclosure of intercepted material and security arrangements.

117. Subsection (8) explains the meaning of the term "relevant interception warrant" as it applies to this clause.

Clause 13: Grants for interception costs

118. This Clause permits, but does not require, the Secretary of State to make contributions towards costs incurred by communications service providers in providing an intercept capability or in the provision of assistance required as a result of the issue of an interception warrant.

Clause 14: General safeguards

119. This clause has the effect of restricting the use of intercepted material to the minimum necessary for the authorised purposes. Clause 72(6) contains a transitional provision applying the provisions of Clauses 14 and 15 to warrants and certificates under the 1985 Act.

120. Subsection (1) imposes a duty upon the Secretary of State to ensure that safeguard arrangements are in place to ensure the requirements of this clause and clause 15.

121. Subsection (2) requires that the distribution and disclosure of intercepted material and related communications data are kept to a minimum.

122. Subsection (3) requires that all copies of any intercepted material and related communications data must be destroyed as soon it is no longer necessary to retain it for any of the authorised purposes (see below). This does not impose any obligation to retain material, which may therefore be destroyed earlier in some cases.

"Copy" is defined in subsection (7).

123. Subsection (4) defines "authorised purposes", which are the reasons for which intercepted material may be retained rather than being destroyed under subsection (3).

124. Subsections (5) and (6) apply where possession of intercepted material or related communications data has been surrendered to any authorities of a country or territory outside the United Kingdom. Possession may be surrendered in this way where an interception warrant has been issued for the purpose of complying with a request under an international mutual assistance agreement designated under Clause 1(4). For example, where such a request results in the provision of intercept material by the communication service provider to the competent authorities of another country in real-time, the material will not, at any point, be under the control of an intercepting agency in the United Kingdom.

125. For these reasons, the Secretary of State will be required to make such arrangements (if any) corresponding to subsections (2) and (3) as he thinks fit. The Secretary of State will also be required to ensure, to such extent (if any) as he thinks fit, that restrictions are in force preventing the disclosure in any proceedings outside the United Kingdom which could not be made in the United Kingdom by virtue of Clause 16 (the exclusion of intercept material from legal proceedings).

Clause 15: Extra safeguards in the case of certificated warrants

126. This Clause creates extra safeguards in addition to those provided in Clause 14, in the case of warrants to which Clause 8(3) certificates apply.

127. Subsections (1) and (2) provide the additional safeguards which apply: material intercepted under the authority of a warrant to which a certificate applies should only be examined if it:

has been certified as necessary to examine in the interests of national security; for the purpose of preventing or detecting serious crime; or for the purpose of safeguarding the economic well-being of the United Kingdom; and
does not have as its purpose, or one of its purposes, the identification of material contained in communications sent by, or intended for, an individual who is known to be for the time being in the British Islands; and
has not been selected by reference to such an individual.

128. Subsection (3) provides an exception to the second and third criteria above where under a Clause 8(3) certificate the Secretary of State has certified that material selected by reference to such an individual is necessary for one of the three purposes outlined above. This material may only relate to communications sent during the period specified in the certificate; and the period specified must not be more than three months.

129. Subsections (4), (5) and (6) provide two further exceptions where:

the person to whom the warrant is addressed believes on reasonable grounds both that the material examined is not referable to an individual known to be in the British Islands, and that the material has not been selected for the purpose of identifying material contained in communications sent by, or intended for, such an individual; or
it has appeared to the person to whom the warrant is addressed that circumstances have changed such that the individual concerned has entered the British Islands, or that their belief in the individual's absence from the British Islands was mistaken; and since it first so appeared, written authorisation to examine the material has been given by a senior official.

130. The senior official may only provide authorisation until the end of the first working day after the day on which the change of circumstances became apparent.

Clause 16: Exclusion of matters from legal proceedings

131. Clause 16, subject to certain exceptions, excludes evidence, questioning or assertion in legal proceedings likely to reveal the existence or absence of a warrant. A similar provision is contained in section 9 of the Interception of Communications Act 1985, which this Bill repeals.

132. Subsection (1) places a prohibition on the use of intercept material in connection with court proceedings. It does this directly, by stating that the contents of intercepted material and associated communications data may not be disclosed, and indirectly by prohibiting the disclosure of any suggestion that actions under subsection (2) have occurred.

133. Subsection (2) describes the actions which may not be disclosed in connection with court proceedings, including actions by persons named in subsection (3) which would constitute an offence under this Bill or section 1 IOCA.

134. Subsection (3) lists the people referred to in subsection (2)(a). They are people who may be in possession of information about authorised interception. In Clause 16(3)(b) persons holding office under the Crown includes Ministers, Crown Servants, members of the Armed Forces and the police.

135. Subsection (4) gives a definition of "intercepted communication" for this section.

Clause 17: Exceptions to section 16

136. Subsection (1) lists the occasions when the prohibition in section 16(1) will not apply.

"Relevant offence" is explained in subsection (8).

137. Subsection (2) allows the use in evidence of intercept material in any legal proceedings relating to the fairness or unfairness of a dismissal on the grounds of any conduct constituting an offence under Clause 1(1) or (2), 11(7) or 18 or Section 1 of Interception of Communications Act 1985.

138. Subsection (3) provides for the disclosure of the contents of a communication if the interception was lawful without the need for a warrant by virtue of Clauses 1(5)(c), 3 or 4. For further details of the circumstances in which it is lawful to intercept without a warrant refer to the explanatory notes for clauses 1(5)(c), 3 and 4.

139. Subsection (4) allows the disclosure of any conduct of a person for which he has been convicted of an offence under section 1(1) or (2) 11(7), or 18 of this Act or section 1 of the Interception of Communications Act 1985.

140. Subsection (5) allows the disclosure of the fact and contents of an interception to a person conducting a criminal prosecution. A prosecutor has a duty, recognised in case-law, to ensure that a prosecution is fair. This provision allows the intercepting agency to give the prosecutor access to any intercept material which has not been destroyed so that he can discharge that duty effectively. This subsection further provides that the fact and contents of an interception may also be disclosed to a relevant judge in exceptional circumstances (see subsection (6) below). The subsection allows disclosure to the judge alone.

"Relevant judge" is explained in subsection 9.

141. Subsection (6) makes it clear that the judge must be satisfied that the exceptional circumstances of the case make any disclosure under subsection 5(b) essential in the interests of justice.

142. Subsection (7) provides for a relevant judge where he has ordered disclosure under subsection (5)(b) in exceptional circumstances to direct the person conducting the prosecution in any criminal proceedings to make any such admission of fact as that judge may think essential.

143. Subsection (8) makes it clear that a judge cannot order a disclosure if it is in contravention of Clause 16(1).

Clause 18: Offence for unauthorised disclosures

144. This clause places a requirement upon specified groups of persons to keep secret all matters relating to warranted interception.

145. Subsection (2) describes the groups of persons upon whom there is a duty to keep secret matters relating to warranted interception. These include:

anyone to whom an interception warrant may be addressed. These are described in Clause 6 and include both heads of intercepting agencies but also anyone who may make an application for an interception warrant on their behalf;
anyone holding office under the Crown (civil servants, police officers and members of Her Majesty's forces) and civilian employees of police authorities;
anyone providing or employed for the purpose of providing either a postal service or a public telecommunications service;
anyone controlling any part of a telecommunications system in the United Kingdom.

146. Subsection (3) describes the matters which must be kept secret. In essence these are anything to do with the existence or implementation of a warrant, including the content of the intercepted material and related communications data.

147. Subsection (4) creates the offence of unlawful disclosure and specifies the maximum penalties which a person who is found guilty of the criminal offence of unlawful disclosure may be sentenced to; if he is found guilty in a Magistrates' Court he may be imprisoned for a period up to six months or fined up to the statutory maximum (currently £5000) or both; in a Crown Court he may be imprisoned for a period up to five years, or may be fined (no upper limit), or both.

148. Subsection (5) gives a defence where a person could not reasonably have been expected to take steps to prevent the unlawful disclosure.

149. Subsections (6) and (7) give further defences to the offence of unlawful disclosure and addresses the question of a person consulting their legal adviser about requirements placed upon them under this Bill, and disclosures which their legal adviser may be required to make as a result of such consultation. For example, where a communications service provider is required to provide assistance with the implementation of an interception warrant, the provider may wish to first consult their lawyer. Subsection (6) provides a defence to such a consultation being an unlawful disclosure.

150. Subsection (8) places a limitation on the defences described in subsections (6) and (7), stating that the defences are not valid where a disclosure was made with a view to furthering any criminal purpose.

151. Subsection (9) gives a further defence to the offence of unlawful disclosure, stating that where such a disclosure was authorised in any of the ways described in this subsection this would constitute a defence.

Clause 19

152. Clause 19 interprets terms used in this Chapter.

"External communications": under the Interpretation Act 1978, the term "British Islands" means the United Kingdom, the Isle of Man and the Channel Islands. Hence the use of the term in this Chapter means that communications sent between the UK and the Islands, or between the Channel Islands and the Isle of Man, are not treated as external.

"Related communications data": the term "communications data" is defined for the purposes of Chapter II in Clause 20(4).

CHAPTER II

153. This Chapter provides a legislative framework to cover the requisition, provision and handling of communications data. It explains the duties and responsibilities placed upon each party involved in these processes and creates a system of safeguards, reflecting the requirements of Article 8 of the Convention.

Clause 20: Lawful acquisition and disclosure of communications data

154. This Clause explains the scope of this Chapter, the meaning of the term "communications data", and ensures that provision of communications data under these provisions fully meets the requirements of Article 8.

155. Subsection (1) draws a distinction between interception of communications in the course of their transmission, which is activity excluded from this part of the Bill, and conduct involving the obtaining of or disclosure of communications data, which is activity covered by this part of the Bill.

156. Subsections (2) and (3) have the effect of making the provision of communications data under this Chapter lawful. This ensures that there is no criminal or civil liability attached to actions undertaken as a result of a requirement or authorisation under this Chapter.

"Relevant enactment" is defined in subsection (5)

157. Subsection (4) explains what "communications data" means. In essence, it includes information relating to the use of a communications service but makes clear that this does not include the contents of the communication itself.

Clause 21: Obtaining and disclosing communications data.

158. This Clause explains the purposes for which communications data may be sought under this Chapter and the arrangements by which such data may be required.

159. Subsection (1) explains that the strict test of "necessity" must be met before any communications data is obtained under this Chapter. The assessment of necessity is one made by a person designated for the purposes of this Chapter (defined in Clause 24(2)).

160. Subsection (2) explains the reasons for which communications data may be required. With the exception of (g), these are the same as the purposes for which directed surveillance and the use of a covert human intelligence source may be permitted by Clauses 27 and 28 of the Bill.

161. Subsections (3) and (4) describe the two ways in which communications data may be obtained. Firstly, subsection (3) provides a means for a designated person to authorise someone within the same relevant public authority (see Clause 24(1)). This provides a legal basis upon which the public authority may collect the communications data themselves. For example, if a private telecommunications operator was technically unable to collect certain communications data, this subsection would provide the authority to allow an investigating body to collect the data themselves.

162. Subsection (4) provides the second way in which communications data may be obtained, where the designated person serves a notice upon the holder of the data, requiring them to comply with the terms of the notice as soon as is reasonably practicable.

163. Subsection (5) introduces a proportionality test. The designated person must not only consider the communications data to be "necessary" (subsection (1)) but must also consider the conduct involved in obtaining the communications data to be "proportionate".

164. Subsection (6) requires a communications service provider in receipt of a notice under subsection (4) above to comply with it as soon as is reasonably practicable.

165. Subsection (7) explains that if a communications service provider fails to provide the required communications data then the Secretary of State may take civil proceedings against them, which may result in the issue of, inter alia, an injunction which would have the effect of compelling the provision of the data.

Clause 22: Form and duration of authorisations and notices

166. This clause specifies the way in which authorisations and notices must be completed and their duration.

167. Subsections (1) and (2) explain the format which authorisations and notices must take.

168. Subsection (3) restricts the persons to whom the data may be disclosed to the person giving the notice or another specified person who must be from the same relevant public authority.

169. Subsection (4) explains that disclosure may only be required of data in the possession of, or obtained by the communications service provider during the authorisation period of authorisations and notices, which is set at one month.

170. Subsections (5) and (6) permit an authorisation or notice to be renewed at any period during the month, by following the same procedure as in obtaining a fresh authorisation or notice.

171. Subsection (7) explains that the period for which a renewed authorisation or notice is extant begins at the point at which the notice or authorisation it is renewing expires.

172. Subsection (8) requires the cancellation of a notice as soon as it is clear that the reasons for which it was granted are no longer valid.

Clause 23: Arrangements for payments

173. This clause allows for payment arrangements to be made in order to compensate holders of communications data for the costs involved in complying with notices issued under this Chapter.

Clause 24: Interpretation of Chapter II

174. This clause defines the terms used in the Chapter dealing with communications data.

175. Subsection (2) explains that the Secretary of State will identify the "persons designated for the purposes of this Chapter" in an order (negative resolution, see Clause 68). Under subsection (3), he may place restrictions on who may act under these provisions and in what circumstances.

PART II: SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES

Introductory

176. This Part of the Bill creates a system of authorisations for various types of surveillance and the conduct and use of covert human intelligence sources. In common with other Parts of the Bill, the provisions themselves do not impose a requirement on public authorities to seek or obtain an authorisation where, under the Bill, one is available (see Clause 70). Nevertheless, the consequences of not obtaining an authorisation under this Part may be, where there is an interference with Article 8 rights and there is no other source of authority, that the action is unlawful by virtue of section 6 of the Human Rights Act 1998.

Clause 25: Conduct to which Part II applies

177. This clause describes and defines the conduct which can be authorised under this part of the Bill. Three types of activity are covered: "directed surveillance", "intrusive surveillance" and the conduct and use of covert human intelligence sources.

178. "Directed surveillance" is defined in subsection (2) as covert surveillance that is undertaken in relation to a specific investigation in order to obtain information about, or identify, a particular person or to determine who is involved in a matter under investigation. By subsection (8), surveillance will be covert where it is carried out in a manner calculated to ensure that the person or persons subject to the surveillance are unaware that it is or may be taking place. Directed surveillance may also include the interception of communications where there is no interception warrant and where the communication is sent by or is intended for a person who has consented to the interception (Clause 45(4)).

179. "Intrusive surveillance" is defined in subsections (3) to (5) as covert surveillance carried out in relation to anything taking place on residential premises or in any private vehicle. This kind of surveillance may take place by means either of a person or device located inside residential premises or a private vehicle or by means of a device placed outside which consistently provides a product of equivalent quality and detail as a product which would be obtained from a device located inside.

180. For these purposes, a private vehicle is one used primarily for private purposes, for example for family, leisure or domestic purposes (clause 45(1)). Subsection (4) provides that surveillance is not intrusive when the device is one that only provides information about the location of the vehicle (eg a tracking device).

181. Subsection (7) defines a "covert human intelligence source".

Authorisation of surveillance and human intelligence sources

Clause 26: Lawful surveillance etc

182. This clause provides that all conduct defined in clause 25 will be lawful, provided it is carried out in accordance with the authorisation to which it relates. Authorised conduct may cover any action taken either in the UK or abroad.

183. Furthermore, there will be no civil liability arising out of conduct which is incidental to the authorised conduct. However, this is only the case where the incidental conduct should not have been separately authorised either under this Bill or under existing legislation.

Clauses 27, 28 and 29: Authorisation of directed surveillance; Authorisation of covert human intelligence sources; and Persons entitled to grant authorisations under sections 27 and 28

184. These clauses deal with the scheme of authorisations for directed surveillance and the conduct and use of covert human intelligence sources.

185. Clause 29 provides that the persons entitled to grant such authorisations will be such persons within the relevant public authorities that are designated by order of the Secretary of State. In this respect, the relevant public authorities are:

a police force, the National Criminal Intelligence Service and the National Crime Squad;
any of the intelligence services;
the Ministry of Defence and any of the Armed Forces;
Customs & Excise; or
any other public authority specified by order of the Secretary of State.

186. Where an authorisation for directed surveillance or the use or conduct of a covert human intelligence source is combined with a Secretary of State authorisation for intrusive surveillance, the combined authorisation must be issued by the Secretary of State .

187. Police and Customs authorisations may only be granted an application from within the force or authority in question (see clause 31(1) and (2)).

188. Clause 27 and 28 provide that authorisations cannot be granted unless specific criteria are satisfied, namely, that the person granting the authorisation believes that:

the authorisation is necessary on specific grounds; and
the authorised activity is proportionate to what is sought to be achieved by it.

189. The specific grounds are that the authorisation is necessary:

in the interests of national security;
for the purpose of preventing or detecting crime or preventing disorder;
in the interests of the economic well-being of the UK;
in the interests of public safety;
for the purpose of protecting public health;
for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or
for other purposes which may be specified by order of the Secretary of State.

190. There is a further criterion in relation to covert human intelligence sources, which is set out in clause 28(5), namely that specific arrangements exist to ensure that, amongst other things, the source is independently managed and supervised and that records are kept of the use made of the source. The responsibility for such tasks falls to specified individuals within the organisation benefiting from the use of the source. As there may be cases where a source carries out activities for more than one organisation, it is provided that only one organisation will be identified as having responsibility for such arrangements and record-keeping.

191. Subsection (3) of Clause 29 provides that the Secretary of State may impose, by order, restrictions on the types of authorisations granted and on the circumstances or purpose for which such authorisations may be granted.

192. Clauses 27(4) and 28(4) set out the conduct that is authorised by the authorisation. Broadly speaking, it covers any conduct that occurs whilst carrying out the specified surveillance or is comprised in the activities involving the specified conduct or use of a covert human intelligence source, provided it is carried out or takes place in the manner and for the purposes described.

INTRUSIVE SURVEILLANCE

Clause 30: Authorisation of intrusive surveillance

193. This clause deals with authorisations for intrusive surveillance. Such authorisations may only be granted by the Secretary of State (see clauses 39 and 40) and by senior authorising officers as defined in subsection (6). Clauses 31(3) and (4) provide that a senior authorising officer may not grant an authorisation, except on an application by a member of his/her force, Service, Squad or organisation.

194. Again, intrusive surveillance authorisations cannot be granted unless specific criteria are satisfied, namely that, the Secretary of State or senior authorising officer believes that:

the authorisation is necessary on specific grounds; and
the authorised activity is proportionate to what is sought to be achieved by it.

195. An additional factor which must be taken into account is that the Secretary of State or senior authorising officer must be satisfied that the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means.

196. The specific grounds in this case are it is necessary:

in the interests of national security;
for the purpose of preventing or detecting serious crime; or
in the interests of the economic well-being of the United Kingdom.

Police and customs authorisations

197. Clauses 32 to 37 only apply to intrusive surveillance authorisations for investigations carried by the police, NCIS, the National Crime Squad and Customs & Excise. They outline very similar procedures to those set out in part III of the Police Act 1997 (interference with property and wireless telegraphy).

Clause 31: Rules for grant of authorisations

198. In the case of a police force, NCIS and the National Crime Squad, subsection (3) restricts an authorisation for intrusive surveillance involving residential premises to being granted only where the premises are within the area of operation of that force, Service or Squad. The areas of operations are defined in subsection (6). For the three service police forces, this is defined in terms of the persons who are subject to "service discipline" which is defined in subsection (7).

Clause 32: Grant of authorisations for intrusive surveillance in the senior officer's absence

199. Where an application is made for an intrusive surveillance authorisation and the case is urgent but it is not reasonably practicable for the application to be considered by the "senior authorising officer" (as defined in Clause 30) or his designated deputy, an authorisation may be granted by a person entitled to act in his/her absence. Subsection (4) lists the officers entitled so to act and subsection (5) sets down those officers entitled to act as "designated deputies".

Clause 33: Notification of authorisations for intrusive surveillance

200. Where a police or customs intrusive surveillance authorisation is granted, renewed or cancelled, except where it is cancelled under clause 35(3), written notification must be given to an ordinary Surveillance Commissioner as soon as reasonably practicable. Subsection (2) requires that notification to be in accordance with arrangements made by the Chief Surveillance Commissioner and must specify the matters prescribed by order of the Secretary of State. Such a notice will indicate that the authorisation or renewal requires the approval of an ordinary Surveillance Commissioner before it takes effect (see clause 34) or it will state that the case is one of urgency, together with the grounds for that belief.

201. Subsection (4) provides that the ordinary Surveillance Commissioner will, as soon as practicable, scrutinise the notice, which can be transmitted by electronic means, and decide whether or not to approve the authorisation in those case where his approval is required.

Clause 34: Approval required for authorisations for intrusive surveillance to take effect

202. Except in urgent cases, authorisations granted for intrusive surveillance will not take effect until they have been approved by an ordinary Surveillance Commissioner and written notice of the Commissioner's decision has been given to the person who granted the authorisation.

203. Where the person who granted the authorisation believes the case to be one of urgency, the authorisation will take effect from the time of grant, provided the appropriate notice is given to the ordinary Surveillance Commissioner, as described in clause 34(3).

204. Subsection (4) provides that an ordinary Surveillance Commissioner shall give his approval only if he is satisfied that there are reasonable grounds for believing that the authorisation is necessary and that the surveillance is proportionate to what is sought to be achieved.

205. If an ordinary Surveillance Commissioner decides not to approve an authorisation, subsection (5) requires him to make a report of his findings to the "most senior relevant person" (as defined in subsections (6) and (7)). This will be the chief constable or equivalent.

Clause 35: Quashing of police and customs authorisations for intrusive surveillance etc

206. This clause gives Surveillance Commissioners the power to quash or cancel an authorisation for intrusive surveillance.

207. Under subsection (2), an ordinary Surveillance Commissioner may quash an authorisation, with effect from the time of the grant of the authorisation or renewal, if he believes that the criteria for authorisation in Clause 30 were not met at the time the authorisation was granted or renewed.

208. Alternatively, he may, under subsection (3) cancel an authorisation if he believes that there are no longer any reasonable grounds for believing that the criteria in Clause 30 are met. In such a case, he may cancel the authorisation from the time that the criteria, in his opinion, ceased to be met.

209. If an authorisation was granted or renewed by way of the urgency procedure, and the ordinary Surveillance Commissioner is not satisfied that, at the time of grant or renewal, there were reasonable grounds for believing the case to be one of urgency, he may quash the authorisation.

210. He may also, under subsections (5) and (6), order the destruction of records, apart from those required for pending civil or criminal procedures. Where an authorisation is cancelled, he may only order the destruction of records from the time the authorisation no longer meets the criteria specified in Clause 30.

211. An order to destroy records does not become operative until after the period allowed for appealing against the decision or the dismissal of such an appeal.

212. Where an ordinary Surveillance Commissioner exercises a power conferred by this clause, he will make a report of his actions, together with his reasons, as soon as reasonably practicable, to the most senior relevant person (usually the chief constable) and to the Chief Surveillance Commissioner.

Clause 36: Appeals against decisions by Surveillance Commissioners

213. A senior authorising officer, or a designated deputy or other person granting an intrusive surveillance authorisation in the absence of the senior authorising officer, may appeal to the Chief Surveillance Commissioner against:

a refusal of a Surveillance Commissioner to approve an authorisation or renewal;
a decision by a Surveillance Commissioner to quash or cancel an authorisation;
a decision to make an order for the destruction of records.

214. Subsection (4) provides that the Chief Surveillance Commissioner must allow an appeal if:

he is satisfied that the criteria set out in Clause 30 were met at the time in question; and
he is not satisfied that the urgency procedure has been abused.

215. In relation to appeals against decisions to quash or cancel authorisations, the Chief Surveillance Commissioner may modify the decision if he considers that there were grounds for the action which the Surveillance Commissioner has taken but such action should have taken effect at a different time. In such cases, he may modify the Surveillance Commissioner's decision to that which he considers should have been made.

216. Where an appeal against a decision to quash or cancel an authorisation is allowed, subsection (6) provides that the Chief Surveillance Commissioner shall quash any related order for the destruction of records.

Clause 37: Appeals to the Chief Surveillance Commissioner: supplementary

217. Where the Chief Surveillance Commissioner has determined an appeal, subsection (1) requires him to give notice of his determination to:

the person who brought the appeal; and
the ordinary Surveillance Commissioner whose decision was appealed against.

218. Where the appeal is dismissed, he will report his findings, to the appellant, the ordinary Surveillance Commissioner and to the Prime Minister. Other than this report, he will not give any reasons for his determination.

219. As with section 107 of the Police Act 1997, the Chief Surveillance Commissioner will make an annual report on the discharge of his functions to the Prime Minister and may make a report to him at any other time of any matter relating to those functions (Schedule 3, paragraph 8(9)).

220. Subsection (3) provides that the annual reporting provisions contained in subsections (3) and (4) of the Police Act 1997 also relate to reports made by the Chief Surveillance Commissioner under subsection (2).

OTHER AUTHORISATIONS

221. Clauses 39 and 40 still relate to intrusive surveillance authorisations, but deal with those granted by the Secretary of State.

Clause 39: Secretary of State authorisations

222. Subsection (1) provides that the Secretary of State shall not grant such authorisations unless an application is made by a member of the intelligence agencies (Security Service, Secret Intelligence Service and GCHQ), an official of the Ministry of Defence, the armed forces, or a specified individual within a public authority designated for this purpose by order of the Secretary of State (subsection (4)). For these purposes, the three service police forces are not treated as members of the armed forces (subsection (5)); instead, their use of intrusive surveillance is regulated, in the same way as other police forces, by Clause 30.

223. The effect of subsection (2) is that authorisations will only be granted to an official of the Ministry of Defence or a member of the Armed Forces, where it is necessary in the interests of national security or for preventing or detecting serious crime.

224. Subsection (4) provides the power for the Secretary of State to impose, by order, restrictions on designated public authorities for the carrying out of intrusive surveillance and on the circumstances in which, or the purposes for which, such authorisations may be granted.

Clause 40: Intelligence services authorisations

225. Where the Secretary of State grants an authorisation to one of the intelligence services under this Part (which will be for intrusive surveillance, or intrusive surveillance combined with directed surveillance), the authorisation will take the form of a warrant. This is consistent with section 5 of the Intelligence Services Act 1994.

226. Subsection (2) provides that a single warrant may combine an authorisation for intrusive surveillance with an intelligence services warrant (defined in subsection (6): a property warrant under section 5 of the Intelligence Services Act 1994).

227. In addition to the requirements in clause 30, subsection (3) limits SIS and GCHQ to obtaining a warrant for intrusive surveillance in the British Islands to investigations carried out in the interests of national security or the economic well-being of the UK. Subsections (4) and (5) enable the Security Service to act on behalf of SIS and GCHQ in applying for and granting any authorisation in connection with a function of SIS or GCHQ, provided that the SIS or GCHQ would have the power to act in that way, and provided that it does not relate to the functions of SIS or GCHQ in support of the prevention or detection of serious crime.

Grant, renewal and duration of authorisations

Clause 41: General rules about grant, renewal and duration

228. This Clause sets out the general rules for authorisations, including their granting, renewal, and duration.

229. Subsection (1) provides that, in urgent cases, an authorising officer may give an oral authorisation. All other authorisations must be in writing.

230. A single authorisation may be given, combining two or more authorisations under this part. When this occurs, the provisions of this Part which relate to one type of activity only shall apply to those parts of the authorisation which authorises that type of activity. Further provisions for combined authorisations are in clause 31(5), 40(2) and 42(6).

231. Oral authorisations and those granted by officers entitled to act in urgent cases in the absence of the authorising officer or his designated deputy will expire after 72 hours, beginning with the time when the grant or renewal of an authorisation takes effect.

232. Except where granted or renewed orally or by an officer entitled to act in urgent cases, authorisations for the use of covert human intelligence sources will last for 12 months, beginning with the day on which the grant or renewal takes effect.

233. In all other cases (except those made under the special provisions for the intelligence services contained in Clause 42), the authorisation will last for 3 months, beginning with the day on which the grant or renewal takes effect.

234. Subsection (4) provides that an authorisation may be renewed at any time before it ceases to have effect by any person entitled to grant a new authorisation of the same type. The same conditions attach to a renewal of surveillance as to the original authorisation. However, before renewal of an authorisation for the use or conduct of a covert human intelligence source, subsection (6) requires there to be a review of the use made of that source, the tasks given to that source and the information so obtained.

Clause 42: Special rules for intelligence services authorisations

235. This Clause sets out special provisions in relation to authorisations granted to or by the intelligence services.

236. Under subsection (1), a warrant for intrusive surveillance or a renewal of such a warrant will not be issued except under the hand of the Secretary of State. However, in an urgent case, where the Secretary of State has personally authorised it, a warrant can be signed (but not renewed) by a senior official. This is the same urgency procedure as is provided in Clause 7(2)(a) for interception. Where this has happened, such a warrant will cease to have effect at the end of the second working day following its issue, unless renewed under the hand of the Secretary of State.

237. Subsections (4) and (5) relate to the authorisation of warrants for the intelligence services and for the authorisations and renewal of authorisations for directed surveillance where the authorisation is necessary in the interests of national security or in the interests of the economic well-being of the UK. Such warrants or authorisations last for a period of six months. Where this is a renewal, the period will start on the day when the previous authorisation or warrant would have expired. This is consistent with the provisions of the Intelligence Service Act 1994.

Clause 43: Cancellation of authorisations

238. Subsection (1) sets out when the person who granted or renewed an authorisation must cancel it.

239. Subsection (2) sets out who else is responsible for cancelling the authorisation eg the person who would have granted it if it had not been an urgent case or been granted by a deputy. However, an authorising officer's deputy (defined in subsections (6) and (7)) who granted an authorisation is also under a duty to cancel an authorisation in those cases where he would have had the power to act on the authorising officer's behalf.

240. Subsections (4) and (5) provide for the Secretary of State to make regulations setting out how the duty for cancelling authorisations should be performed where the authorising officer is no longer available and on whom such a duty should fall.

Supplemental provision for Part II

Clause 44: Power to extend of modify authorisation provisions

241. The Secretary of State may, by order, change the types of activities which fall within the categories of intrusive and directed surveillance by providing that a type of directed surveillance will be treated as intrusive surveillance or vice versa. Furthermore, he may, by order, provide that additional types of surveillance, which are not at present defined as directed or intrusive surveillance in Clause 25, will be covered by the Bill and become capable of being authorised under Part II.

Clause 45: Interpretation of Part II

242. This Clause gives interpretations for the terms used in this part. Amongst other things, it gives an interpretation for "surveillance" and clarifies that this does not include references to:

the use of a recording device by a covert human intelligence source to record any information obtained in the presence of the source (subsection (3));
activity involving interference with property or wireless telegraphy which requires authorisation or warrant under section 5 of the Intelligence Services Act 1994 or Part III of the Police Act 1997.

PART III - INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION ETC

Clause 46: Notices requiring disclosure of key

243. This Clause introduces a power to enable properly authorised persons (such as members of the law enforcement, security and intelligence agencies) to serve written notices on individuals or bodies requiring the surrender of information (such as a decryption key) to enable them to understand (make intelligible) protected material which they lawfully hold, or are likely to.

Key is defined in Clause 52(1); and
Intelligible is defined in Clause 52(4)

244. Subsection (1) limits the information to which this power to serve notices applies. It does so by defining the various means by which the protected information in question has been, or is likely to be, lawfully obtained. By way of illustration, this could be material:

Seized under a judicial warrant (eg under the Police and Criminal Evidence Act 1984 (PACE);
Intercepted under a warrant personally authorised by the Secretary of State under Chapter I of Part I of this Bill;
Lawfully obtained under an authorisation given under Chapter II of Part I or Part II of this Bill;
Lawfully obtained by an agency under their statutory functions but not under a warrant (eg under the Customs and Excise Management Act 1979); or
Which has lawfully come into the possession of an agency but not by use of statutory functions (eg material which has been voluntarily handed over).

245. Subsection (2) states that persons with the "appropriate permission" (see Schedule 1) may serve a notice demanding that the key be disclosed to make unintelligible data intelligible if there are reasonable grounds for believing:

that the key is in the possession of the person on whom the notice is being served;
that the requirement to disclose a key is necessary for the reasons set out in subsection (3), or likely to be of value in carrying out statutory powers;
that the requirement to disclose a key is proportionate to what is sought to be achieved by doing so; and
that the key cannot be obtained by other reasonable means.
possession of a key is defined in Clause 52(2)

246. Subsection (4) explains the way in which the notice must be given and what it must state.

247. Subsection (5) specifies the persons to whom the key may be disclosed.

248. Subsection (6) ensures that a key, which has been used solely for the purpose of generating electronic signatures, does not have to be disclosed in response to a notice.

electronic signature is defined in Clause 52(1)

249. The effect of Subsection (7) is to set authorisation levels (described in Schedule 1) for serving a written notice under Clause 46. The level of authority required will vary depending on the power under which the protected material was, or is likely to be, lawfully obtained.

Clause 47: Disclosure of information in place of key

250. This Clause provides that a person may, in response to the service of a written notice, provide an intelligible version (plain text) of relevant protected data rather than e.g. a decryption key, unless the person who gave the authorisation to serve the notice, or a person entitled to give such authorisation, has specified that only the disclosure of the key itself is sufficient.

251. This Clause would, for example, allow a company - that might have received an encrypted message from the target of a particular enquiry (e.g. a suspected criminal) - to offer up a intelligible copy of the message rather than any decryption key.

252. Subsection (4) states that a person may only specify that only the disclosure of a key is sufficient if this is believed to be proportionate to what is sought to be achieved by doing so.

Clause 48: Arrangements for payments for key disclosure

253. This Clause allows for payment arrangements to be made in order to compensate persons required to disclose information (eg a decryption key) following service of a written notice under Clause 46.

Clause 49: Failure to comply with a notice

254. This Clause creates a new offence of failing to comply with the terms of a written notice served under Clause 46. It outlines statutory defences.

255. Subsection (1) states that a person is guilty of an offence if he:

fails to comply with a requirement to disclose a key; and
he has, or has had, possession of the key.

256. Subsections (2) and (3) allow a defence to a person who shows that he did not have the key to the information (or, where appropriate, the information itself) but gave as much information as he had about how the key could be obtained; or that he did what was required of him as soon as was reasonably practicable.

257. Subsection (5) specifies the maximum sentence for the offence of failing to comply with a notice. As regards financial penalties, there is no upper limit to fines set in the Crown Court (on conviction on indictment). In a Magistrates Court (on summary conviction) the maximum fine is £5,000.

Clause 50: Tipping-off

258. This Clause creates a new offence where the recipient of a notice (but only one which explicitly contains a secrecy requirement), or a person that becomes aware of it, tips off another that a notice has been served, or reveals its contents. This is to preserve, where necessary, the covert nature of an investigation by, for example, a law enforcement agency. It outlines various statutory defences.

259. Subsection (1) limits this offence to occasions where the notice served explicitly demands secrecy and Subsection (2) places restrictions on the instances when such a requirement may be imposed.

260. Subsection (3) specifies the maximum sentence for the tipping-off offence. On conviction in the Crown Court, the maximum term of imprisonment is five years. The financial penalties are as for the offence set out in Clause 49.

261. Subsection (4) provides a defence where the tipping-off occurred entirely as a result of software designed to give an automatic warning that a key had been compromised and where, in addition, the defendant was unable to stop this from taking place after receiving the notice.

262. Subsections (5) and (6) provide a defence where a disclosure is made to or by a professional legal adviser as part of advice about the effect of the provisions of this part of the Bill given to a client or his representative; or where a disclosure was made by a legal adviser in connection with any proceedings before a court or tribunal.

263. The effect of Subsection (7) is that the protection in Subsections (5) and (6) will not apply where a professional legal adviser tips off a client with a view to furthering any criminal purpose.

264. Subsection (8) provides a statutory defence where the disclosure is authorised by:

the person who gave the notice, or someone on his behalf; or
a person who is in possession of the data to which the notice relates, as described in Clause 46.

265. The effect of Subsection (8) is, for example, to permit persons served with written notices (where authorised) to seek the assistance of another party in order to comply with the terms of the notice (e.g. accessing a key or plain text).

266. Subsection (9) provides a statutory defence for a person told about a notice but not about the fact that there was a requirement for secrecy.

Clause 51: General duties of specified authorities

267. This Clause describes the safeguards that must be in place for the protection of any material (e.g. a decryption key) handed over in response to the serving of a notice under this Bill.

268. Subsection (1) ensures that the safeguard requirements apply to all those who may have responsibility for organisations that will handle material provided in response to a written notice. In the case of the security and intelligence agencies for example, this will mean the Secretary of State.

269. Subsection (2) places an onus on those identified to ensure that:

any material disclosed is used only for a purpose for which it may be required;
the uses to which the material is put are reasonable;
the use and any retention of the material are proportionate;
the requirements of Subsection (3) are complied with; and
the material is destroyed as soon as it is no longer needed.

270. Subsection (3) specifies that the material is shared with the minimum number of people possible.

Clause 52: Interpretation of Part III

271. This Clause provides for the interpretation of various terms used in Part III of the Bill.

PART V: MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Clause 53: New Commissioners

272. This Clause provides for the appointment of two judicial Commissioners to check on the use made of some of the powers in this Bill.

273. The Interception of Communications Commissioner will replace the Commissioner appointed under the Interception of Communications Act 1985. This is currently Lord Nolan. The Covert Investigations Commissioner will be a new post.

274. Subsection (2) details the remit of the Interception Commissioner. This will involve reviewing:

the Secretary of State's role in interception warrantry;
the operation of the regime for acquiring communications data;
any notices for requiring the decryption of data authorised by the Secretary of State which relate to intercepted material or communications data;
the adequacy of the arrangements made by the Secretary of State for the protection of intercepted material and by those persons listed in Clause 51 for the protection of encryption keys.

275. Subsection (3). The Covert Investigations Commissioner will report on the use of surveillance and covert human intelligence sources and of related decryption requests by public authorities other than:

Security Service;
Secret Intelligence Service;
GCHQ;
Police;
Customs;
Ministry of Defence.

276. Subsection (8) is a transitional provision allowing the existing Interception Commissioner to take office as the new Interception Commissioner on the coming into force of this section.

Clause 54: Cooperation with and reports by new Commissioners

277. Subsection (1) requires that all those who may be involved in requesting, authorising, or carrying out, interception should cooperate with the Interception Commissioner as he reviews the operation of the regime.

278. Subsection (2) requires that all those who may be involved in requesting, authorising, carrying out or using the products of relevant surveillance or covert human intelligence sources should cooperate with the Covert Investigations Commissioner.

279. Subsection (4) provides that the Interception Commissioner should report to the Prime Minister if he believes that arrangements made by the Secretary of State are inadequate either for the protection of intercepted material or decryption keys.

Clause 55: Additional functions of other Commissioners

280. This clause allocates oversight of certain powers in this Bill to the existing Security Service Commissioner, Intelligence Services Commissioner or Surveillance Commissioner as appropriate.

281. This means that for every intercepting agency, two Commissioners will oversee their use of the powers. The Interception Commissioner will look at their use of interception, the other relevant Commissioner will review their use of all other powers. All other public authorities will be overseen by one Commissioner only.

282. Subsection (1) adds to the existing remit of the Security Service Commissioner the function of reviewing:

the use by the Security Service of surveillance, agents, informants, undercover officers and decryption notices;
Secretary of State authorisation of Security Service surveillance or decryption notices;
the Security Service arrangement for protecting decryption keys.

283. Subsection (2) adds to the remit of the existing Intelligence Services Commissioner the function of reviewing the:

use by the Secret Intelligence Service and GCHQ of surveillance, agents, informants, undercover officers and decryption notices;
use by the Armed Forces of surveillance, agents, informants, undercover officers and decryption notices except in Northern Ireland;
Secretary of State authorisations of SIS, GCHQ and Armed Forces (other than the Service Police, Ministry of Defence Police and in Northern Ireland other members of the Armed Forces) surveillance and decryption notices;
SIS, GCHQ and Armed Forces (other than as above) arrangements for protecting decryption keys.

284. Subsection (3) adds to the existing remit of the Chief Surveillance Commissioner the functions of reviewing:

the use by police and Customs of surveillance, agents, informants and undercover officers;
the use by police and Customs officers of the power to demand decryption of material they have acquired
through the use of surveillance, agents, informants and undercover officers;
through interference with property or wireless telegraphy authorised under the Police Act 1997;
otherwise obtained under statute but without a warrant;
the use by the Ministry of Defence Police and Service Police and other members of the Armed Forces of surveillance, agents, informants, undercover officers and decryption notices in Northern Ireland;
police, Customs and Ministry of Defence (in Northern Ireland) arrangements for protecting decryption keys.

Clause 56: The Tribunal

285. This Clause establishes a Tribunal, sets out its jurisdiction and supports Schedule 2 which provides for its constitution and functioning.

286. Subsections (2) to (5) set out the key elements of the Tribunal's jurisdiction. It is to be the appropriate forum for complaints or proceedings in relation to the following categories:

any proceedings for actions incompatible with Convention rights which are proceedings against any of the intelligence services or people acting on their behalf; or which concern the use of investigatory powers under this Bill or any other entry on or interference with property or any interference with wireless telegraphy;
any complaint by a person who believes that he has been subject to any use of investigatory powers under this Bill or any other entry on or interference with property or any interference with wireless telegraphy which he believes to have been carried out by or on behalf of any of the intelligence services or in the challengeable circumstances described in subsection (7);
any complaint by a person that he has suffered detriment as a result of any prohibition or restriction in Clause 16 on his relying on any civil proceedings (Clause 16 imposes various restrictions and prohibitions on the disclosure in court of intercepted material and related information); and
any other proceedings against any of the intelligence services or people acting on their behalf, or which concern the use of investigatory powers under this Bill or any other entry on or interference with property or any interference with wireless telegraphy, and which the Secretary of State allocates to the Tribunal by order. Clause 57 makes further provision concerning such orders.

287. Subsection (6) limits those proceedings relating to the types of conduct listed which the Tribunal may hear only to that conduct which is by or on behalf of or in relation to any person belonging to any of the organisations in paragraphs (a) to (f).

288. Subsection (7) qualifies the second category of conduct which falls under the Tribunal's jurisdiction. Conduct should only fall within that category if it is conduct which took place with, or might reasonably have been considered necessary to take place only with, one of the types of authorisation listed in subsection (8).

Clause 57: Orders allocating proceedings to the Tribunal

289. This Clause makes further provision concerning the orders (by affirmative resolution, see Clause 68) that the Secretary of State may make to provide for the Tribunal to exercise jurisdiction over certain types of case. It ensures that

the Tribunal is given the power to remit proceedings to the court or tribunal which would have had jurisdiction but for the order;
proceedings before the Tribunal are properly heard and considered;
information is not disclosed where this might be damaging or prejudicial as described in subsection (2)(b).

Clause 58: Exercise of the Tribunal's jurisdiction

290. This Clause makes further provision concerning the exercise of the Tribunal's jurisdiction under Clause 56. It describes how the Tribunal is to hear, consider and investigate complaints and proceedings, confers on the Tribunal the power to award compensation, quash or cancel any warrant or authorisation and require the destruction of records of information.

291. Subsection (6) confers powers on the Tribunal. An order to quash or cancel any warrant or authorisation would overturn the decision of the person who authorised such an instrument, and any continued conduct under the terms of the quashed authorisation or examination of information obtained under its authority would not be lawful.

Clause 59: Tribunal procedure

292. This Clause provides for the Tribunal to determine their own procedure (subject to any rules made by the Secretary of State under Clause 60), and requires it to inform certain persons of proceedings, complaints and their determinations, and empowers it to require the cooperation of certain persons in exercising their powers and duties.

293. Subsection (2) empowers the Tribunal to require any Commissioner listed in subsection (8) to advise it on any matters falling within his knowledge which are relevant to the Tribunal's functions.

Clause 60: Tribunal rules

294. This Clause describes those rules which the Secretary of State may make in Parliament (by affirmative resolution) to regulate the Tribunal's exercise of its powers, and any matters related to them.

295. Subsections (2) to (5) describe rules the Secretary of State may make, without limiting his power to make rules only to those matters listed.

296. Subsection (6) require the Secretary of State, in making any rules, to ensure that:

proceedings before the Tribunal are properly heard and considered; and that
information is not disclosed where this might be damaging or prejudicial as described in subsection (2)(b).

297. Subsection (7) enables any rules to incorporate, for example, Civil Procedure Rules which have already been made. This avoids the need to create such rules from scratch for the Tribunal where they already exist elsewhere.

Clause 61: Abolition of jurisdiction in relation to complaints

298. This Clause repeals those provisions listed in subsection (2), which provide for the jurisdiction of Tribunals established by other Acts of Parliament to investigate complaints concerning conduct which is in future to be investigated by the Tribunal established in this Bill. Those Tribunals may, however, finish their investigation of those cases which they begin to consider before the Bill comes into force.

Clause 62: Issue and revision of Codes of Practice

299. This clause deals with the issuing of Codes of Practice to explain in greater detail the practical arrangements relating to the use of the provisions of this Bill.

300. Subsections (1) and (2) require the Secretary of State to issue one or more Codes of Practice covering the powers and duties in this Bill and those relating to interference with property or wireless telegraphy in either the Intelligence Services Act 1994 or Part III of the Police Act 1997.

301. Subsections (3), (4) and (5) require the Secretary of State to consult on any Codes of Practice, lay the drafts before Parliament and bring them into force through an Order (by affirmative resolution, see Clause 68).

Clause 63: Effect of Codes of Practice

302. Subsection (1) requires any person to take account of any applicable Code of Practice issued under Clause 62 while exercising or performing any power or duty under this Bill.

303. Subsection (2) explains that a failure to comply with a Code of Practice issued under Clause 62 will not of itself constitute a criminal offence or civil tort.

304. Subsection (3) allows the evidential use of a Code of Practice in court.

305. Subsection (4) requires that, where relevant, the statutory bodies described in this subsection must take into account the provisions of a Code of Practice.

Clause 64: Conduct in relation to Wireless Telegraphy

306. This clause amends Section 5 of the Wireless Telegraphy Act 1949 in order to ensure that the interception provisions of that Act comply with the Human Rights Act 1998.

307. Subsection (1) transfers the words of the existing section 5 of the Wireless Telegraphy Act to a new subsection 5(1). It also has the effect of removing the general authority to intercept wireless telegraphy which existed for persons acting in their duty as a servant of the Crown, and of changing the authority level which is required to authorise interception of wireless telegraphy from "under the authority of the Secretary of State" to "under the authority of a designated person".

"Designated person" is defined in the inserted section 5(11)

308. Subsection (2) creates new subsections 5(2) to 5(11) to the Wireless Telegraphy Act 1949 as follows:

5(2) restricts the ability of a designated person to authorise interception of wireless telegraphy to activity which cannot be warranted under this Bill;
5(3) requires that where the an authorisation is granted under the Wireless Telegraphy Act 1949, consideration must be given to both the necessity and proportionality of the interception in the context of what is sought to be achieved through it;
5(4) explains the purposes for which an authorisation under the Wireless Telegraphy Act 1949 may be granted;
5(5) requires that where a requirement exists to intercept wireless telegraphy which would not meet one of the tests in 5(4) above but would fit within the criteria of this subsection, a separate authority must be sought;
5(6) requires a designated person to consider whether that which is sought to be achieved through the interception could be done in another way;
5(9) follows on from subsection (2) and explains that where interception of wireless telegraphy is required to be authorised under the Regulation of Investigatory Powers Bill, the fact that the applicant cannot be authorised in this way because they are not mentioned as one of the bodies to which the Bill applies does not mean that they can rely upon other legislation to obtain authorisation;
5(10) explains the meaning of "separate authority".

Clause 65: Warrants under the Intelligence Services Act 1994

309. This clause changes the test which must be satisfied before a warrant is issued under section 5 of the Intelligence Services Act 1994. Instead of "likely to be of substantial value", the test is now that the Secretary of State must be satisfied that:

the action is necessary for the purpose of a function of the intelligence agency;
the action is proportionate to what it seeks to achieve;
the action authorised by the warrant could not reasonably be achieved by other means.

310. Subsection (3) amends the urgent provisions so that a senior official of any department may sign an urgent warrant issued on the oral authority of the Secretary of State. Such a senior official will be a member of the Senior Civil Service.

Clause 66: Authorisations under Part III of the Police Act 1997

311. This Clause makes amendments to Part III of the Police Act 1997.

312. Subsections (2) and (3) amend section 93 of the Police Act to allow a police authorising officer to authorise interference with property outside his force area solely for the purpose of maintenance or retrieval of equipment. This will allow a chief constable to authorise action to maintain or retrieve a tracking device from a vehicle that has travelled outside the force area, without having to seek authorisation from the chief constable into whose force area the vehicle has travelled. In addition it removes the restriction on where a customs officer may act.

313. In the same way that Clause 65 amends the Intelligence Services Act 1994, subsections (4) and (5) introduce the new tests in the Part III authorisation process. These again require that the action authorised must be necessary and proportionate to what it seeks to achieve and that the action could not reasonably be achieved by other means.

314. Subsection (5) provides for an authorising officer of the Royal Ulster Constabulary to authorise interference with property or wireless telegraphy where it is necessary in the interests of national security as well as for the prevention or detection of serious crime. This is required because of the particular responsibilities of the Chief Constable of the RUC in relation to counter-terrorism.

315. Subsections (6), (7) and (8) extend the provisions of part III to allow the chief constables of the British Transport Police and the Ministry of Defence Police and the Provost Marshals of the three service police forces to be authorising officers and to authorise interference with property or wireless telegraphy within their own jurisdictions. It also allows the Deputy Director General of the National Crime Squad to be an authorising officer in his own right and for the Commissioners of Customs & Excise to designate more than one customs officer to act as an authorising officer.

316. Subsection (7) makes an amendment to section 93(6) to provide that "relevant area" for the MOD police means the places described in section 2 of the Ministry of Defence Police Act 1987.

317. Subsection (8) makes provision about where the Service Police forces may exercise powers under the 1997 Act.

Clause 69: Criminal liability of directions etc

318. This Clause provides for personal criminal liability on the part of certain individuals in companies and other bodies corporate.

Clause 70: General saving for lawful conduct

319. Clause 70 ensures that nothing in this Bill makes any actions unlawful unless that is explicitly stated. The availability of an authorisation or a warrant does not mean that it is unlawful not to seek or obtain one. In this respect, the Bill must be read with section 6 of the Human Rights Act, which makes it unlawful to act in a way which is incompatible with a Convention right.

Schedule 1: Persons Having the Appropriate Permission

320. Schedule 1 deals with the duration and types of appropriate permission which may empower a person to serve a written notice under Clause 46 of this Bill requiring disclosure of information. The authority required to grant such permission varies depending on the powers under which unintelligible information is or is likely to be obtained.

Paragraph 1: Requirement that appropriate permission is granted by a judge

321. This paragraph states that subject to the provisions of the paragraphs below, authority to serve a written notice must be given by a judge as described in Sub-paragraph (1).

322. The effect of Sub-paragraph (2) is that where a judge's permission has been obtained under this paragraph, no further authority is required to serve a written notice.

Paragraph 2: Data obtained under warrant etc

323. This paragraph deals with unintelligible information which is or is likely to be obtained under a statutory power exercised in accordance with:

a warrant issued by the Secretary of State or a person holding judicial office; or
an authorisation under Part III of the Police Act 1997.

Examples of legislation under which the Secretary of State may issue a warrant include Chapter I of Part I of the Bill and the Intelligence Services Act 1994. Examples of legislation under which a person holding judicial office may issue a warrant include the Police and Criminal Evidence Act 1984 and the Drug Trafficking Act 1994.

324. Sub-paragraph (2) states that the warrant or authorisation may empower a person to serve a notice requiring disclosure if

the warrant or authorisation gave explicit permission for the notice to be given; or
written permission has been given by the authority since the warrant or authorisation was issued.

325. Sub-paragraphs (3) to (5) describe those persons who are capable of having the appropriate permission to serve a notice in relation to material to which this paragraph applies. And Sub-paragraphs (6) to (8) describe those persons who may issue a warrant or authorisation under Clause 46 in relation to such material.

326. The effect of this paragraph is that where, for example, protected material has been obtained under an interception warrant, the authorisation to serve a disclosure notice may be granted by the Secretary of State.

327. Sub-paragraph (9) excludes from this paragraph unintelligible information:

which has been obtained under a statutory power without a warrant; but
which has been obtained in the course of, or in connection with, an exercise of another power for which a warrant was required.

328. This might include, for example, cases where a constable has a right to enter premises under a warrant and while on the premises uncovers matter which he suspects to be evidence of a crime unrelated to the warrant itself, in accordance with e.g. section 19 of the Police and Criminal Evidence Act 1984 (PACE).

Paragraph 3: Data obtained by the intelligence services under statute but without a warrant

329. This paragraph deals with unintelligible information which is, or is likely to be, lawfully obtained by the intelligence services but not under a warrant. This might include, for example, material obtained under an authorisation given under Part II of this Bill.

330. Sub-paragraph (2) enables the Secretary of State to give authority for a notice to be served in such instances.

Paragraph 4: Data obtained under statute by other persons but without a warrant

331. This paragraph deals with unintelligible information which is or is likely to be obtained by certain agencies (other than the intelligence services) under statutory powers but not under a warrant. This includes, for example, material obtained by the police under powers conferred by section 19 of PACE.

332. The effect of Sub-paragraph (2) is that senior officers of the police, customs and excise and armed forces (as described in Paragraph 6) may authorise the service of a written notice in relation to material to which this paragraph applies.

333. The effect of sub-paragraph (3) is that where material to which this paragraph applies is obtained by agencies other than those described in Sub-paragraph (2), authority to serve a written notice is to be given by a judge, provided that the stipulations set out in Sub-paragraph (4) are complied with.

Paragraph 5: Data obtained without the exercise of statutory powers

334. This paragraph deals with unintelligible information which is or is likely to come into the possession of an intelligence service, the police or customs and excise by any other lawful means not involving the exercise of statutory powers (e.g. material which has been voluntarily handed over).

335. The effect of Sub-paragraph (2) is to enable the Secretary of State to give his permission to serve a notice in relation to material, obtained by an intelligence service, falling under this paragraph.

Paragraph 6: General requirements relating to the appropriate permission

336. This paragraph makes some further stipulations about the categories of person who may be empowered to require disclosure. It also makes some stipulations about the permissions that may be given by members of the police, customs and excise and the armed forces.

337. Sub-paragraph (3) states that in the case of information which has come into the police's possession by means of powers to stop and search vehicles and pedestrians under the Terrorism Act 2000 or the Prevention of Terrorism Act 1989 (PTA), those able to authorise the serving of notice to disclose keys must be an officer of police of or above the rank specified in section 42 and section 13A of those Acts respectively.

Section 13A of the PTA, for example, specifies such ranks as:

commander of the metropolitan police, as respects the metropolitan police area;
commander of the City of London police, as respects the City of London; or
assistant chief constable for any other police area.

Paragraph 7: Duration of permission

338. This paragraph provides for the duration of the validity of authorisations to serve a notice and prevents the issue of a notice after the authorisation has expired. The Bill does not require that a limit must be placed on the duration of an authorisation.

Paragraph 8: Formalities for permissions granted by the Secretary of State

339. This paragraph states that any permissions granted by the Secretary of State in accordance with Schedule 1 may only be granted:

if signed by him personally; or
if signed by a member of the Senior Civil Service and expressly authorised by the Secretary of State. The express authorisation must be in relation to that particular warrant (i.e. there can be no standing authorisation).

Schedule 2: The Tribunal

340. This Schedule provides for the constitution of the Tribunal established under Clause 55.

Paragraph 1: Membership of the Tribunal

341. This paragraph determines the membership of the Tribunal.

342. Sub-paragraph (1) ensures that members of the Tribunal may be drawn from the legal profession in all parts of the United Kingdom.

"High Judicial Office" is defined in Section 25 of the Appellate Jurisdiction Act 1876 as follows:

"'High Judicial Office' means any of the following offices; that is to say

The office of Lord Chancellor of Great Britain... or of Judge of one of Her Majesty's superior courts of Great Britain and Ireland:

'Superior courts of Great Britain and Ireland' means and includes

As to England, Her Majesty's High Court of Justice and Her Majesty's Court of Appeal; and

As to Northern Ireland, Her Majesty's High Court of Justice in Northern Ireland and Her Majesty's Court of Appeal in Northern Ireland; and

As to Scotland, the Court of Session."

The Appellate Jurisdiction Act of 1887 amended the term 'High Judicial Office' in Section 5 to include the office of a Lord of Appeal in Ordinary and the office of a member of the Judicial Committee of the Privy Council.

The requirement of ten years' standing means that only those eligible for appointment to the judiciary can serve.

The Courts and Legal Services Act 1990 states that a person has a "general qualification" if he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates' courts.

343. Sub-paragraph (3) limits the term of office to five years. A member whose term of office expires is eligible for reappointment. Were he to serve a second time he would have to be re-appointed by further Letters Patent. There is no retirement age.

344. Sub-paragraph (4) provides the means whereby a member may resign.

Paragraph 2: President and Vice-President

345. This paragraph establishes the positions of President and Vice-President who will be members of the Tribunal.

Paragraph 3: Members of the Tribunal with special responsibilities

346. This paragraph requires the President of the Tribunal:

to give one or more members of the Tribunal special responsibility for matters involving the intelligence services; and
to ensure that in the consideration or hearing of any complaints or proceedings considered by the Tribunal which relate to an allegation against any of the intelligence services or their members or to conduct by or on behalf of any of those services or their members, the Tribunal on that occasion includes one or more of the members with such special responsibility.

Paragraph 4: Salaries and expenses

347. This paragraph deals with the payments of the members of the Tribunal and of its expenses.

Paragraph 5: Officers

348. Sub-paragraph (1) provides for the appointment of officers of the Tribunal by the Secretary of State, after consultation with the Tribunal. The Secretary of State may not therefore proceed unilaterally to make appointments. The provision itself places no limitation on the number of officers and (subject to Treasury approval as numbers) allows flexibility over the numbers, grades and individuals.

349. Sub-paragraph (2) enables an officer who is so authorised by the Tribunal to obtain documents or information on the Tribunal's behalf.

Paragraph 6: Parliamentary disqualification

350. The parts of the Schedules referred to in this paragraph list the bodies whose members are disqualified from membership of the House of Commons and the Northern Ireland Assembly respectively. They include Tribunals and public Boards, Commissions and Councils. Members of this Tribunal (as people paid for adjudicating in a quasi-judicial capacity on the decisions of Ministers, and able to overturn those decisions) clearly fall within the category of those who are normally disqualified.

Schedule 3

Paragraph 8: The Police Act 1997 (c.50)

351. This makes necessary consequential changes in the light of the amendments to Part III of the Police Act 1997. These take account of the extension of authorising powers to the Ministry of Defence Police, the British Transport Police, the Service Police, the three service police forces, the Deputy Director General of the National Crime Squad and additional designated customs officers.

352. Sub-paragraph (9) extends the functions of the Chief Surveillance Commissioner so that he reports annually to the Prime Minister and at any other time on any matters arising from his functions in relation to part III of the Police Act 1997 or Part II of this Bill.

353. Sub-paragraph (10) imposes a wide duty on those exercising functions under these provisions to disclose or provide the Chief Surveillance Commissioner with any documents or information he requires to enable him to carry out his functions. It also imposes a duty on every Commissioner to give the Tribunal established under clause 54 of this Bill all such assistance as may be required.

PUBLIC SECTOR FINANCIAL COST AND PUBLIC SECTOR MANPOWER EFFECTS

354. Increases in public expenditure and public service manpower contingent in this Bill will be limited to those arising from the expanded remit of the existing Commissioners, the appointment of a new Covert Investigations Commissioner and the establishment of the Investigatory Powers Tribunal. But these latter costs should be offset against the savings from removing the Interception Tribunal, Security Service Tribunal, Intelligence Services Tribunal and the complaints function of the Police Act Commissioners. Overall extra costs are estimated at £750,000.

REGULATORY APPRAISAL

355. A complete appraisal of the Regulatory Impact of these proposals can be found at www.homeoffice.gov.uk/oicd/ripbill.htm.

COMMENCEMENT DATE

356. Clause 73(2) provides that the provisions of this Bill will come into force as set out by the Secretary of State by order.

EUROPEAN CONVENTION ON HUMAN RIGHTS

357. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before Second Reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Secretary of State for the Home Department has made the following statement:

"In my view the provisions of the Regulation of Investigatory Powers Bill are compatible with the Convention Rights".

Regulation of investigatory Powers Bill
	A B I L L TO Make provision for and about the interception of communications, the acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed; to provide for the establishment of a tribunal with jurisdiction in relation to those matters, to entries on and interferences with property or with wireless telegraphy and to the carrying out of their functions by the Security Service, the Secret Intelligence Service and the Government Communications Headquarters; and for connected purposes. 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:-
	PART I
	COMMUNICATIONS
	CHAPTER I
	INTERCEPTION
	Unlawful and authorised interception
Unlawful interception.	1. - (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.
	(2) It shall be an offence for a person-
	(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,
	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-
	(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.
	(4) Where the United Kingdom is a party to an international agreement which-
	(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,
	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-
	(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;
	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-
	(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.
	(7) A person who is guilty of an offence under subsection (1) or (2) shall be liable-
	(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.
	(8) No proceedings for any offence which is an offence by virtue of this section shall be instituted-
	(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.
Meaning and location of "interception" etc.	2. - (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.
	(2) For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he-
	(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,
	as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.
	(3) References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception.
	(4) For the purposes of this Act the interception of a communication takes place in the United Kingdom if, and only if the modification, interference or monitoring or, in the case of a postal item, the interception is effected by conduct within the United Kingdom and the communication is either-
	(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.
	(5) References in this Act to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system do not include references to-
	(a) any conduct that takes place in relation only to so much of the communication as consists in any address or other 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 addresses and other data so comprised or attached.
	(6) For the purposes of this section references to the modification of a telecommunication system include references to the attachment of any apparatus to, or other modification of or interference with-
	(a) any part of the system; or
	(b) any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.
	(7) For the purposes of this section the times while a communication is being transmitted by means of a telecommunication system shall be taken to include any time when the system by means of which the communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.
	(8) For the purposes of this section the cases in which any contents of a communication are to be taken to be made available to a person while being transmitted shall include any case in which any of the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently.
	(9) References in this section to data being attached to a communication include references to the data and the communication being logically associated with each other.
	(10) In this section "postal item" means any letter, postcard or other such thing in writing as may be used by the sender for imparting information to the recipient, or any packet or parcel.
Lawful interception without an interception warrant.	3. - (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.
	(2) Conduct by any person consisting in the interception of a communication is authorised by this section if-
	(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.
	(3) Conduct consisting in the interception of a communication is authorised by this section if-
	(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.
	(4) Conduct by any person consisting in the interception of a communication in the course of its transmission by means of wireless telegraphy is authorised by this section if it takes place-
	(a) with the authority of a designated person under section 5 of the Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages); and
	(b) for purposes connected with anything falling within subsection (5).
	(5) Each of the following falls within this subsection-
	(a) the issue of licences under the Wireless Telegraphy Act 1949;
	(b) the prevention or detection of anything which constitutes interference with wireless telegraphy; and
	(c) the enforcement of any enactment contained in that Act or of any enactment not so contained that relates to such interference.
Power to provide for lawful interception.	4. - (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; and
	(d) the situation is one satisfying such conditions as may be prescribed for the purposes of this subsection by regulations made by the Secretary of State.
	(2) Subject to subsection (3), the Secretary of State may by regulations authorise any such conduct described in the regulations as appears to him to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any business, of monitoring or keeping a record of-
	(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.
	(3) Nothing in any regulations under subsection (2) shall authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the business for use wholly or partly in connection with that business.
	(4) Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under any rules made under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).
	(5) Conduct taking place in any hospital premises where high security psychiatric services are provided is authorised by this section if it is conduct in pursuance of, and in accordance with, any direction given under section 17 of the National Health Service Act 1977 (directions as to the carrying out of their functions by health bodies) to the body providing those services at those premises.
	(6) In this section references to a business include references to any activities of a government department, of any public authority or of any person or office holder on whom functions are conferred by or under any enactment.
	(7) In this section-
	"government department" includes any part of the Scottish Administration, a Northern Ireland department and the National Assembly for Wales;
	"high security psychiatric services" has the same meaning as in the National Health Service Act 1977;
	"hospital premises" has the same meaning as in section 4(3) of that Act; and
	"prison" has the meaning given by subsection (8) of this section.
	(8) In this section "prison" means-
	(a) any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952 or the Prison Act (Northern Ireland) 1953, or
	(b) any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989,
	and includes any contracted out prison, within the meaning of Part IV of the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public Order Act 1994, and any legalised police cells within the meaning of section 14 of the Prisons (Scotland) Act 1989.
Interception with a warrant.	5. - (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.
	(2) The Secretary of State shall not issue an interception warrant unless he believes-
	(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.
	(3) Subject to the following provisions of this section, a warrant is necessary on grounds falling within this subsection if it is necessary-
	(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.
	(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-
	(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.

	Interception warrants
Application for issue of an interception warrant.	6. - (1) An interception warrant shall not be issued except on an application made by or on behalf of a person specified in subsection (2).
	(2) Those persons are-
	(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 National Criminal Intelligence Service;
	(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 Police (Scotland) Act 1967;
	(h) the Commissioners of Customs and Excise;
	(i) a Permanent Under-Secretary of State in the Ministry of Defence;
	(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;
	(k) any such other person as the Secretary of State may by order designate for the purposes of this subsection.
	(3) An application for the issue of an interception warrant shall not be made on behalf of a person specified in subsection (2) except by a person holding office under the Crown.
	(4) The Secretary of State may by order remove any person from the list of persons for the time being specified in subsection (2).
Issue of warrants.	7. - (1) An interception warrant shall not be issued except-
	(a) under the hand of the Secretary of State; or
	(b) in a case falling within subsection (2), under the hand of a senior official.
	(2) Those cases are-
	(a) an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant in that case; 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.
	(3) An interception warrant-
	(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).
	(4) The statements referred to in subsection (3)(b)(i) are-
	(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.
	(5) The statements referred to in subsection (3)(b)(ii) are-
	(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.
Contents of warrants.	8. - (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.
	(2) The provisions of an interception warrant describing communications the interception of which is authorised or required by the warrant must comprise one or more schedules setting out the addresses, numbers, apparatus or other factors, or combination of factors, that are to be used for identifying communications which are likely to be or to include-
	(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.
	(3) Subsections (1) and (2) shall not apply to an interception warrant if-
	(a) the description of communications to which the warrant relates confines the conduct authorised or required by the warrant to conduct falling within subsection (4); 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).
	(4) Conduct falls within this subsection if it consists in-
	(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).
	(5) A certificate for the purposes of subsection (3) shall not be issued except under the hand of the Secretary of State.
Duration, cancellation and renewal of warrants.	9. - (1) An interception warrant-
	(a) shall cease to have effect at the end of the relevant period; but
	(b) may be renewed, at any time before the end of that period, by an instrument under the hand of the Secretary of State or, in a case falling within section 7(2)(b), under the hand of a senior official.
	(2) An interception warrant shall not be renewed under subsection (1) unless the Secretary of State believes that the warrant continues to be necessary on grounds falling within section 5(3).
	(3) The Secretary of State shall cancel an interception warrant if he is satisfied that the warrant is no longer necessary on grounds falling within section 5(3).
	(4) The Secretary of State shall cancel an interception warrant if, at any time before the end of the relevant period, he is satisfied in a case in which-
	(a) the warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed 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,
	that the person named or described in the warrant as the interception subject is in the United Kingdom.
	(5) An instrument under the hand of a senior official that renews an interception warrant must contain-
	(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.
	(6) In this section "the relevant period"-
	(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;
	(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.
Modification of warrants and certificates.	10. - (1) The Secretary of State may at any time-
	(a) modify the provisions of an interception warrant; or
	(b) modify a section 8(3) 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).
	(2) If at any time the Secretary of State considers that any factor set out in a schedule to an interception warrant is no longer relevant for identifying communications which, in the case of that warrant, are likely to be or to include communications falling within section 8(2)(a) or (b), it shall be his duty to modify the warrant by the deletion of that factor.
	(3) If at any time the Secretary of State considers that the material certified by a section 8(3) certificate includes any material the examination of which is no longer necessary as mentioned in any of paragraphs (a) to (c) of section 5(3), he shall modify the certificate so as to exclude that material from the certified material.
	(4) Subject to subsections (5) to (8), a warrant or certificate shall not be modified under this section except by an instrument under the hand of the Secretary of State or of a senior official.
	(5) Unscheduled parts of an interception warrant shall not be modified under the hand of a senior official except in an urgent case in which-
	(a) the Secretary of State has himself expressly authorised the modification; and
	(b) a statement of that fact is endorsed on the modifying instrument.
	(6) Subsection (4) shall not authorise the making under the hand of either-
	(a) the person to whom the warrant is addressed, or
	(b) any person holding a position subordinate to that person,
	of any modification of any scheduled parts of an interception warrant.
	(7) A section 8(3) certificate shall not be modified under the hand of a senior official except in an urgent case in which-
	(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.
	(8) Where modifications in accordance with this subsection are expressly authorised by provision contained in the warrant, the scheduled parts of an interception warrant may, in an urgent case, be modified by an instrument under the hand of-
	(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.
	(9) Where-
	(a) a warrant or certificate is modified by an instrument under the hand of a person other than the Secretary of State, and
	(b) a statement for the purposes of subsection (5)(b) or (7)(b) is endorsed on the instrument, or the modification is made under subsection (8),
	that modification shall cease to have effect at the end of the fifth working day following the day of the instrument's issue.
	(10) In this section references to scheduled parts of an interception warrant are references to provisions of the warrant which are contained in any schedule of identifying factors that is comprised in the warrant for the purposes of section 8(2), and references to unscheduled parts of an interception warrant shall be construed accordingly.

Implementation of warrants.	11. - (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.
	(2) For the purpose of requiring any person to provide assistance in relation to an interception warrant the person to whom it is addressed may-
	(a) serve a copy of the warrant on such persons as he considers may be able to provide such assistance; or
	(b) may make arrangements under which a copy of it is to be or may be so served.
	(3) The copy of an interception warrant that is served on any person under subsection (2) may, to the extent authorised-
	(a) by the person to whom the warrant is addressed, or
	(b) by the arrangements made by him for the purposes of that subsection,
	omit any one or more of the schedules to the warrant.
	(4) Where a copy of an interception warrant has been served by or on behalf of the person to whom it is addressed on-
	(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,
	it shall (subject to subsection (5)) be the duty of that person to take all such steps for giving effect to the warrant as are notified to him by or on behalf of the person to whom the warrant is addressed.
	(5) A person who is under a duty by virtue of subsection (4) to take steps for giving effect to a warrant shall not be required to take any steps which it is not reasonably practicable for him to take.
	(6) For the purposes of subsection (5) the steps which it is reasonably practicable for a person to take in a case in which obligations have been imposed on him by or under section 12 shall include every step which it would have been reasonably practicable for him to take had he complied with all the obligations so imposed on him.
	(7) A person who knowingly fails to comply with his duty under subsection (4) shall be guilty of an offence and liable-
	(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.
	(8) A person's duty under subsection (4) to take steps for giving effect to a warrant shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
	(9) For the purposes of this Act the provision of assistance with giving effect to an interception warrant includes any disclosure to the person to whom the warrant is addressed, or to persons acting on his behalf, of intercepted material obtained by any interception authorised or required by the warrant, and of any related communications data.
	Interception capability and costs
Maintenance of interception capability.	12. - (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,
	of such obligations as it appears to him reasonable to impose for the purpose of securing that it is and remains practicable for requirements to provide assistance in relation to interception warrants to be imposed and complied with.
	(2) The Secretary of State's power to impose the obligations provided for by an order under this section shall be exercisable by the giving, in accordance with the order, of a notice requiring the person who is to be subject to the obligations to take all such steps as may be specified or described in the notice.
	(3) Subject to subsection (7), the only steps that may be specified or described in a notice given to a person under subsection (2) are steps appearing to the Secretary of State to be necessary for securing that that person has the practical capability of providing any assistance which he may be required to provide in relation to relevant interception warrants.
	(4) It shall be the duty of a person to whom a notice is given under subsection (2) to comply with the notice; and that duty shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
	(5) A notice for the purposes of subsection (2) must specify such period as appears to the Secretary of State to be reasonable as the period within which the steps specified or described in the notice are to be taken.
	(6) Before making an order under this section the Secretary of State shall consult with-
	(a) such persons appearing to him to be likely to be subject to the obligations for which it provides,
	(b) such persons representing persons falling within paragraph (a), and
	(c) such persons with statutory functions in relation to persons falling within that paragraph,
	as he considers appropriate.
	(7) For the purposes of this section the question whether a person has the practical capability of providing assistance in relation to relevant interception warrants shall include the question whether all such arrangements have been made as the Secretary of State considers necessary-
	(a) with respect to the disclosure of intercepted material; and
	(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.
	(8) In this section "relevant interception warrant"-
	(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.
Grants for interception costs.	13. - (1) The Secretary of State may, if he thinks fit, make such payments out of money provided by Parliament to any person providing-
	(a) a postal service, or
	(b) a telecommunications service,
	as the Secretary of State considers would represent an appropriate contribution towards costs incurred, or likely to be incurred, by that person in consequence of any one or more of the matters mentioned in subsection (2).
	(2) Those matters are-
	(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.
	Restrictions on use of intercepted material etc.
General safeguards.	14. - (1) Subject to subsection (5), 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(3) certificates, that the requirements of section 15 are also satisfied.
	(2) The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each of the following-
	(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,
	is limited to the minimum that is necessary for the authorised purposes.
	(3) The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each copy made of any of the material or data (if not destroyed earlier) is destroyed as soon as there are no longer any grounds for retaining it as necessary for any of the authorised purposes.
	(4) For the purposes of this section something is necessary for the authorised purposes if, and only if-
	(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 Chapter 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
	(e) it is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.
	(5) Arrangements in relation to interception warrants which are made for the purposes of subsection (1)-
	(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 (6) are satisfied.
	(6) The requirements of this subsection are satisfied in the case of a warrant if it appears to the Secretary of State-
	(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 16, could not be made in the United Kingdom.
	(7) In this section "copy", in relation to intercepted material or related communications data, means any of the following (whether or not in documentary form)-
	(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,
	and "copied" shall be construed accordingly.
Extra safeguards in the case of certificated warrants.	15. - (1) For the purposes of section 14 the requirements of this section, in the case of a warrant in relation to which there is a section 8(3) 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).
	(2) Subject to subsections (3) and (4), intercepted material falls within this subsection so far only as it is selected to be read, looked at or listened to otherwise than according to a factor which-
	(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.
	(3) Intercepted material falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if-
	(a) it is certified by the Secretary of State for the purposes of section 8(3) 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 a period of not more than three months specified in the certificate.
	(4) Intercepted material also falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if-
	(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.
	(5) Those conditions are satisfied in relation to the selection of intercepted material if-
	(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 the first working day after the day on which it first so appeared to that person.
	(6) References in this section to its appearing that there has been a relevant change of circumstances are references to its appearing either-
	(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.

Exclusion of matters from legal proceedings.	16. - (1) Subject to section 17, 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 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.
	(2) The following fall within this subsection-
	(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 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 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.
	(3) The persons referred to in subsection (2)(a) are-
	(a) any person to whom a warrant under this Chapter may be addressed;
	(b) any person holding office under the Crown;
	(c) any member of the National Criminal Intelligence Service;
	(d) any member of the National Crime Squad;
	(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.
	(4) In this section "intercepted communication" means any communication intercepted in the course of its transmission by means of a postal service or telecommunication system.
Exceptions to section 16.	17. - (1) Section 16(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; or
	(d) any proceedings before the Special Immigration Appeals Commission.
	(2) Section 16(1) shall not prohibit anything done in, for the purposes of, or in connection with, so much of any legal proceedings as relates to the fairness or unfairness of a dismissal on the grounds of any conduct constituting an offence under section 1(1) or (2), 11(7) or 18 of this Act, or section 1 of the Interception of Communications Act 1985.
	(3) Section 16(1)(a) shall not prohibit the disclosure of any of the contents of a communication if the interception of that communication was lawful by virtue of section 1(5)(c), 3 or 4.
	(4) Section 16(1)(b) shall not prohibit the doing of anything that discloses any conduct of a person for which he has been convicted of an offence under section 1(1) or (2), 11(7) or 18 of this Act, or section 1 of the Interception of Communications Act 1985.
	(5) Nothing in section 16(1) shall prohibit any such disclosure of any information that continues to be available for disclosure as is confined to-
	(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; or
	(b) a disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him alone.
	(6) A relevant judge shall not order a disclosure under subsection (5)(b) except where he is satisfied that the exceptional circumstances of the case make the disclosure essential in the interests of justice.
	(7) Subject to subsection (8), where in any criminal proceedings-
	(a) a relevant judge does order a disclosure under subsection (5)(b), and
	(b) in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,
	he may direct the person conducting the prosecution to make for the purposes of the proceedings any such admission of fact as that judge thinks essential in the interests of justice.
	(8) Nothing in any direction under subsection (7) shall authorise or require anything to be done in contravention of section 16(1).
	(9) In this section "a relevant judge" means-
	(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) in relation to a court-martial, the judge advocate appointed in relation to that court-martial under section 84B of the Army Act 1955, section 84B of the Air Force Act 1955 or section 53B of the Naval Discipline Act 1957; or
	(d) any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).
	(10) In this section "relevant offence" means-
	(a) an offence under any provision of this Act;
	(b) an offence under section 1 of the Interception of Communications Act 1985;
	(c) an offence under section 5 of the Wireless Telegraphy Act 1949;
	(d) an offence under section 45 of the Telegraph Act 1863, section 20 of the Telegraph Act 1868 or section 58 of the Post Office Act 1953;
	(e) an offence under section 45 of the Telecommunications Act 1984;
	(f) an offence under section 4 of the 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 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 16(1)(b) of this Act;
	(h) perjury committed in the course of any proceedings mentioned in subsection (1) or (2) 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 (2) of this section.
	(11) In subsection (10) "intercepted communication" has the same meaning as in section 16.
Offence for unauthorised disclosures.	18. - (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).
	(2) The persons falling within this subsection are-
	(a) the persons specified in section 6(2);
	(b) every person holding office under the Crown;
	(c) every member of the National Criminal Intelligence Service;
	(d) every member of the National Crime Squad;
	(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.
	(3) Those matters are-
	(a) the existence and contents of the warrant and of any section 8(3) 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.
	(4) A person who makes a disclosure to another of anything that he is required to keep secret under this section shall be guilty of an offence and liable-
	(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.
	(5) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that he could not reasonably have been expected, after first becoming aware of the matter disclosed, to take steps to prevent the disclosure.
	(6) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that-
	(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.
	(7) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was made by a legal adviser-
	(a) in contemplation of, or in connection with, any legal proceedings; and
	(b) for the purposes of those proceedings.
	(8) Neither subsection (6) nor subsection (7) applies in the case of a disclosure made with a view to furthering any criminal purpose.
	(9) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was authorised-
	(a) by the warrant or the person to whom the warrant is or was addressed;
	(b) by the terms of the requirement to provide assistance; or
	(c) by section 11(9).
	Interpretation of Chapter I
Interpretation of Chapter I.	19. In this Chapter-
	"certified", in relation to a section 8(3) 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(3) certificate" means any certificate issued for the purposes of section 8(3).

	CHAPTER II
	ACQUISITION AND DISCLOSURE OF COMMUNICATIONS DATA
Lawful acquisition and disclosure of communications data.	20. - (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.
	(2) Conduct to which this Chapter applies shall be lawful for all purposes if-
	(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.
	(3) A person shall not be subject to any civil liability in respect of any conduct of his which-
	(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.
	(4) In this Chapter "communications data" means any of the following-
	(a) any address or other 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.
	(5) In this section "relevant enactment" means-
	(a) an enactment contained in this Act;
	(b) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or
	(c) an enactment contained in Part III of the Police Act 1997 (powers of the police and of customs officers).
	(6) References in this section to 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.	21. - (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.
	(2) It is necessary on grounds falling within this subsection to obtain communications data if it is necessary-
	(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.
	(3) Subject to subsection (5), the designated person may grant an authorisation for persons holding offices, ranks or positions with the same relevant public authority as the designated person to engage in any conduct to which this Chapter applies.
	(4) Subject to subsection (5), where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data, the designated person may, by notice to the postal or telecommunications operator, require the operator-
	(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.
	(5) The designated person shall not grant an authorisation under subsection (3), or give a notice under subsection (4), unless he believes that obtaining the data in question by the conduct authorised or required by the authorisation or notice is proportionate to what is sought to be achieved by so obtaining the data.
	(6) It shall be the duty of the postal or telecommunications operator to comply, as soon as reasonably practicable, with the requirements of any notice given to him under subsection (4).
	(7) The duty imposed by subsection (6) shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.
Form and duration of authorisations and notices.	22. - (1) An authorisation under section 21(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 21(2) by reference to which it is granted;
	(d) must specify the office, rank or position held by the person granting the authorisation; and
	(e) subject to paragraph (a), may take such form and be granted in such manner as the person granting it thinks fit.
	(2) A notice under section 21(4) requiring communications data to be disclosed or to be obtained and disclosed-
	(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 21(2) by reference to which the notice is given;
	(d) must specify the office, rank or position held by the person giving it;
	(e) must specify the manner in which any disclosure required by the notice is to be made; and
	(f) subject to paragraph (a), may take such form and be given in such manner as the person giving it thinks fit.
	(3) A notice under section 21(4) shall not require the disclosure of data to any person other than-
	(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,
	but the provisions of the notice shall not specify or otherwise identify a person for the purposes of paragraph (b) unless he holds an office, rank or position with the same relevant public authority as the person giving the notice.
	(4) An authorisation under section 21(3) or notice under section 21(4)-
	(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.
	(5) An authorisation under section 21(3) or notice under section 21(4) may be renewed at any time before the end of the period of one month applying (in accordance with subsection (4) or subsection (7)) to that authorisation or notice.
	(6) A renewal of an authorisation under section 21(3) or of a notice under section 21(4) shall be by the grant or giving, in accordance with this section, of a further authorisation or notice.
	(7) Subsection (4) shall have effect in relation to a renewed authorisation or renewal notice as if the period of one month mentioned in that subsection did not begin until the end of the period of one month applicable to the authorisation or notice that is current at the time of the renewal.
	(8) Where a person who has given a notice under subsection (4) of section 21 is satisfied-
	(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,
	he shall cancel the notice.
	(9) The Secretary of State may by regulations provide for the person by whom any duty imposed by subsection (8) is to be performed in a case in which it would otherwise fall on a person who is no longer available to perform it; and regulations under this subsection may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.
Arrangements for payments.	23. - (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 21(4).
	(2) For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament.
Interpretation of Chapter II.	24. - (1) In this Chapter-
	"communications data" has the meaning given by section 20(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;
	(b) the National Criminal Intelligence Service;
	(c) the National Crime Squad;
	(d) the Commissioners of Customs and Excise and their department;
	(e) any of the intelligence services;
	(f) any such public authority not falling within paragraphs (a) to (e) as may be specified for the purposes of this subsection by an order made by the Secretary of State.
	(2) Subject to subsection (3), the persons designated for the purposes of this Chapter 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 made by the Secretary of State.
	(3) The Secretary of State may by order impose restrictions-
	(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.
	(4) The Secretary of State may by order remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter.

	PART II
	SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES
	Introductory
Conduct to which Part II applies.	25. - (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.
	(2) For the purposes of this Part surveillance is directed if it is covert but not intrusive and is undertaken-
	(a) for the purposes of a specific investigation; and
	(b) in order to obtain information about or to identify a particular person, or to determine who is involved in the matter under investigation.
	(3) Subject to subsections (4) and (5), surveillance is intrusive for the purposes of this Part if, and only if, it is covert surveillance that either-
	(a) involves the presence of an individual, or of any surveillance device, on any residential premises or in any private vehicle; or
	(b) is carried out in relation to anything taking place on residential premises or in a private vehicle by means of any surveillance device that is not present on the premises or in the vehicle.
	(4) For the purposes of this Part surveillance is not intrusive to the extent that-
	(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 45(4).
	(5) For the purposes of this Part surveillance which-
	(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,
	is not intrusive unless the device is such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle.
	(6) In this Part-
	(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 (7), 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.
	(7) For the purposes of this Part a person is a covert human intelligence source if-
	(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.
	(8) For the purposes of this section-
	(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 (7)(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.
	(9) References in this section, in relation to a vehicle, to the presence of a surveillance device in the vehicle include references to its being located on or under the vehicle and also include references to its being attached to it.
	Authorisation of surveillance and human intelligence sources
Lawful surveillance etc.	26. - (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.
	(2) A person shall not be subject to any civil liability in respect of any conduct of his which-
	(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.
	(3) The conduct that may be authorised under this Part includes conduct outside the United Kingdom.
	(4) In this section "relevant enactment" means-
	(a) an enactment contained in this Act;
	(b) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or
	(c) an enactment contained in Part III of the Police Act 1997 (powers of the police and of customs officers).
Authorisation of directed surveillance.	27. - (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.
	(2) A person shall not grant an authorisation for the carrying out of directed surveillance unless he believes-
	(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.
	(3) An authorisation is necessary on grounds falling within this subsection if it is necessary-
	(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.
	(4) The conduct that is authorised by an authorisation for the carrying out of directed surveillance is any conduct that-
	(a) consists in the carrying out of directed surveillance of any such description as is specified in the authorisation;
	(b) is carried out in the circumstances described in the authorisation and for the purposes of the investigation specified or described in the authorisation; and
	(c) in order to obtain the information, or to make the determination, so specified or described.
Authorisation of covert human intelligence sources.	28. - (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.
	(2) A person shall not grant an authorisation for the conduct or the use of a covert human intelligence source unless he believes-
	(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
	(c) that arrangements exist for the source's case that satisfy the requirements of subsection (5).
	(3) An authorisation is necessary on grounds falling within this subsection if it is necessary-
	(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.
	(4) The conduct that is authorised by an authorisation for the conduct or the use of a covert human intelligence source is any conduct that-
	(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.
	(5) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring-
	(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.
	(6) In this section "relevant investigating authority", in relation to an authorisation for the conduct or the use of an individual as a covert human intelligence source, means (subject to subsection (7)) the public authority for whose benefit the activities of that individual as such a source are to take place.
	(7) In the case of any authorisation for the conduct or the use of a covert human intelligence source whose activities are to be for the benefit of more than one public authority, the references in subsection (5) to the relevant investigating authority are references to one of them.
Persons entitled to grant authorisations under ss. 27 and 28.	29. - (1) Subject to subsection (3), the persons designated for the purposes of sections 27 and 28 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 made by the Secretary of State.
	(2) For the purposes of the grant of an authorisation that combines-
	(a) an authorisation under section 27 or 28, and
	(b) an authorisation by the Secretary of State for the carrying out of intrusive surveillance,
	the Secretary of State himself shall be a person designated for the purposes of that section.
	(3) The Secretary of State may by order impose restrictions-
	(a) on the authorisations under sections 27 and 28 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.
	(4) In this section "relevant public authority" means any of the following-
	(a) a police force;
	(b) the National Criminal Intelligence Service;
	(c) the National Crime Squad;
	(d) any of the intelligence services;
	(e) the Ministry of Defence;
	(f) any of Her Majesty's forces;
	(g) the Commissioners of Customs and Excise and their department;
	(h) any such public authority not falling within paragraphs (a) to (g) as may be specified for the purposes of this section by an order made by the Secretary of State.
Authorisation of intrusive surveillance.	30. - (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.
	(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-
	(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.
	(3) Subject to the following provisions of this section, an authorisation is necessary on grounds falling within this subsection if it is necessary-
	(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.
	(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-
	(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.
	(6) For the purposes of this section the senior authorising officers are-
	(a) the chief constable of every police force maintained under section 2 of the 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 the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;
	(e) the Chief Constable of the Ministry of Defence Police;
	(f) the Provost Marshal of the Royal Navy Regulating Branch;
	(g) the Provost Marshal of the Royal Military Police;
	(h) the Provost Marshal of the Royal Air Force Police;
	(i) the Chief Constable of the British Transport Police;
	(j) the Director General of the National Criminal Intelligence Service;
	(k) the Director General of the National Crime Squad and any person holding the rank of assistant chief constable in that Squad who is designated for the purposes of this paragraph by that Director General; and
	(l) any customs officer designated for the purposes of this paragraph by the Commissioners of Customs and Excise.

	Police and customs authorisations
Rules for grant of authorisations.	31. - (1) A person who is a designated person for the purposes of section 27 or 28 by reference to his office, rank or position with a police force, the National Criminal Intelligence Service or the National Crime Squad shall not grant an authorisation under that section except on an application made by a member of the same force, Service or Squad.
	(2) A person who is designated for the purposes of section 27 or 28 by reference to his office, rank or position with the Commissioners of Customs and Excise shall not grant an authorisation under that section except on an application made by a customs officer.
	(3) A person who is a senior authorising officer by reference to a police force, the National Criminal Intelligence Service or the National Crime Squad shall not grant an authorisation for the carrying out of intrusive surveillance except-
	(a) on an application made by a member of the same force, Service or Squad; 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, Service or Squad.
	(4) A person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a customs officer.
	(5) A single authorisation may combine both-
	(a) an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, the National Criminal Intelligence Service or the National Crime Squad, or who is a customs officer; and
	(b) an authorisation given by, or on the application of, that individual under Part III of the Police Act 1997;
	but the provisions of this Act or that Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
	(6) For the purposes of this section-
	(a) the area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force or of the City of London police force 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 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 Royal Navy Regulating Branch, 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 and also of the National Criminal Intelligence Service is the United Kingdom;
	(f) the area of operation of the National Crime Squad is England and Wales;
	and references in this section to the United Kingdom or to any part or area of the United Kingdom include any adjacent waters within the seaward limits of the territorial waters of the United Kingdom.
	(7) For the purposes of this section a person is subject to service discipline-
	(a) in relation to the Royal Navy Regulating Branch, if he is subject to the 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 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 Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.
Grant of authorisations in the senior officer's absence.	32. - (1) This section applies in the case of an application for an authorisation for the carrying out of intrusive surveillance where-
	(a) the application is one made by a member of a police force, of the National Criminal Intelligence Service or of the National Crime Squad or by a customs officer; and
	(b) the case is urgent.
	(2) If -
	(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, Service or Squad in question or, as the case may be, 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,
	the application may be made to and considered by any person who is entitled under subsection (4) to act for any senior authorising officer who would have been entitled to consider the application.
	(3) A person who considers an application under subsection (1) shall have the same power to grant an authorisation as the person for whom he is entitled to act.
	(4) For the purposes of this section-
	(a) a person is entitled to act for the chief constable of a police force maintained under section 2 of the 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 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;
	(e) 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;
	(f) a person is entitled to act for the Provost Marshal of the Royal Navy Regulating Branch if he holds the position of assistant Provost Marshal in that Branch;
	(g) 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;
	(h) 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;
	(i) a person is entitled to act for the Director General of the National Criminal Intelligence Service if he is a person designated for the purposes of this paragraph by that Director General;
	(j) a person is entitled to act for the Director General of the National Crime Squad if he is designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;
	(k) 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.
	(5) A police member of the National Criminal Intelligence Service or the National Crime Squad appointed under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members) may not be designated under subsection (4)(i) or (j) unless he holds the rank of assistant chief constable in that Service or Squad.
	(6) In this section "designated deputy"-
	(a) in relation to a chief constable, means a person holding the rank of assistant chief constable who is designated under section 12(4) of the Police Act 1996 to act in the chief constable's absence;
	(b) in relation to the Commissioner of Police for the City of London, means a person authorised under section 25 of the City of London Police Act 1839 to act in the Commissioner's absence;
	(c) in relation to the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad, means a person authorised under section 8 or, as the case may be, section 54 of the Police Act 1997 to act in the Director General's absence.
Notification of authorisations for intrusive surveillance.	33. - (1) Where a person grants or cancels a police or customs authorisation for the carrying out of intrusive surveillance, he shall give notice that he has done so to an ordinary Surveillance Commissioner.
	(2) A notice given for the purposes of subsection (1)-
	(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.
	(3) A notice under this section of the grant of an authorisation shall, as the case may be, either-
	(a) state that the approval of a Surveillance Commissioner is required by section 34 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.
	(4) Where a notice for the purposes of subsection (1) of the grant of an authorisation has been received by an ordinary Surveillance Commissioner, he shall, as soon as practicable-
	(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.
	(5) The Secretary of State shall not make an order under subsection (2)(c) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
	(6) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.
	(7) In this section references to a police or customs authorisation are references to an authorisation granted by-
	(a) a person who is a senior authorising officer by reference to a police force, the National Criminal Intelligence Service or the National Crime Squad;
	(b) a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise; or
	(c) a person who for the purposes of section 32 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b).
Approval required for authorisations to take effect.	34. - (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;
	(b) a member of the National Criminal Intelligence Service;
	(c) a member of the National Crime Squad; or
	(d) a customs officer.
	(2) Subject to subsection (3), the authorisation shall not take effect until such time (if any) as-
	(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.
	(3) Where the person who grants the authorisation-
	(a) believes that the case is one of urgency, and
	(b) gives notice in accordance with section 33(3)(b),
	subsection (2) shall not apply to the authorisation, and the authorisation shall have effect from the time of its grant.
	(4) Where subsection (2) applies to the authorisation-
	(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 30(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.
	(5) If an ordinary Surveillance Commissioner decides not to approve an authorisation to which subsection (2) applies, he shall make a report of his findings to the most senior relevant person.
	(6) In this section "the most senior relevant person" means-
	(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 National Criminal Intelligence Service or the Director General of the National Crime Squad, 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;
	(d) where the authorisation was granted by the designated deputy of the Director General of the National Criminal Intelligence Service or a person entitled to act for him by virtue of section 32(4)(i), that Director General;
	(e) where the authorisation was granted by the designated deputy of the Director General of the National Crime Squad or by a person designated by that Director General for the purposes of section 30(6)(k) or 32(4)(j), that Director General;
	(f) where the authorisation was granted by a person entitled to act for a senior authorising officer under section 32(4)(a) to (h), the senior authorising officer in the force in question who is not someone's deputy; 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.
	(7) The references in subsection (6) to a person's deputy are references to the following-
	(a) in relation to-
	(i) a chief constable of a police force maintained under section 2 of the Police Act 1996, or
	(ii) the Commissioner of Police for the City of London,
	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;
	and in this subsection and that subsection "designated deputy" has the same meaning as in section 32.
	(8) Any notice that is required by any provision of this section to be given in writing may be given, instead, by being transmitted by electronic means.
Quashing of police and customs authorisations etc.	35. - (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;
	(b) a member of the National Criminal Intelligence Service;
	(c) a member of the National Crime Squad; or
	(d) a customs officer.
	(2) Where an ordinary Surveillance Commissioner is at any time satisfied that, at the time the authorisation was granted or at any time when it was renewed, there were no reasonable grounds for believing that the requirements of section 30(2)(a) and (b) were satisfied, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.
	(3) If an ordinary Surveillance Commissioner is satisfied at any time while the authorisation is in force that there are no longer any reasonable grounds for believing that the requirements of section 30(2)(a) and (b) are satisfied in relation to the authorisation, he may cancel the authorisation with effect from such time as appears to him to be the time from which those requirements ceased to be so satisfied.
	(4) Where, in the case of any authorisation of which notice has been given in accordance with section 33(3)(b), an ordinary Surveillance Commissioner is at any time satisfied that, at the time of the grant or renewal of the authorisation to which that notice related, there were no reasonable grounds for believing that the case was one of urgency, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.
	(5) Subject to subsection (7), where an ordinary Surveillance Commissioner quashes an authorisation under this section, he may order the destruction of any records relating wholly or partly to information obtained by the authorised conduct after the time from which his decision takes effect.
	(6) Subject to subsection (7), where-
	(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 30(2)(a) and (b) continued to be satisfied in relation to the authorisation,
	he may order the destruction of any records relating, wholly or partly, to information obtained at such a time by the authorised conduct.
	(7) No order shall be made under this section for the destruction of any records required for pending criminal or civil proceedings.
	(8) Where an ordinary Surveillance Commissioner exercises a power conferred by this section, he shall, as soon as reasonably practicable, make a report of his exercise of that power and of his reasons for doing so-
	(a) to the most senior relevant person (within the meaning of section 34); and
	(b) to the Chief Surveillance Commissioner.
	(9) Where an order for the destruction of records is made under this section, the order shall not become operative until such time (if any) as-
	(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.
	(10) No notice shall be required to be given under section 33(1) in the case of a cancellation under subsection (3) of this section.

Appeals against decisions by Surveillance Commissioners.	36. - (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 35 for the destruction of records.
	(2) In the case of an authorisation granted by the designated deputy of a senior authorising office or by a person who for the purposes of section 32 is entitled to act for a senior authorising officer, that designated deputy or person shall also be entitled to appeal under this section.
	(3) An appeal under this section must be brought within the period of seven days beginning with the day on which the refusal or decision appealed against is reported to the appellant.
	(4) Subject to subsection (5), the Chief Surveillance Commissioner, on an appeal under this section, shall allow the appeal if-
	(a) he is satisfied that there were reasonable grounds for believing that the requirements of section 30(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 33(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.
	(5) If, on an appeal falling within subsection (1)(b), the Chief Surveillance Commissioner-
	(a) is satisfied that grounds exist which justify the quashing or cancellation under section 35 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,
	he may modify that Commissioner's decision to quash or cancel the authorisation, and any related decision for the destruction of records, so as to give effect to the decision under section 35 that he considers should have been made.
	(6) Where, on an appeal under this section against a decision to quash or cancel an authorisation, the Chief Surveillance Commissioner allows the appeal he shall also quash any related order for the destruction of records relating to information obtained by the authorised conduct.
	(7) In this section "designated deputy" has the same meaning as in section 32.
Appeals to the Chief Surveillance Commissioner: supplementary.	37. - (1) Where the Chief Surveillance Commissioner has determined an appeal under section 36, 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.
	(2) Where the determination of the Chief Surveillance Commissioner on an appeal under section 36 is a determination to dismiss the appeal, the Chief Surveillance Commissioner shall make a report of his findings-
	(a) to the persons mentioned in subsection (1); and
	(b) to the Prime Minister.
	(3) Subsections (3) and (4) of section 107 of the Police Act 1997 (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under subsection (2) of that section.
	(4) Subject to subsection (2) of this section, the Chief Surveillance Commissioner shall not give any reasons for any determination of his on an appeal under section 36.
Information to be provided to Surveillance Commissioners.	38. It shall be the duty of-
	(a) every member of a police force,
	(b) every member of the National Criminal Intelligence Service,
	(c) every member of the National Crime Squad, and
	(b) every customs officer,
	to comply with any request of a Surveillance Commissioner for documents or information required by that Commissioner for the purpose of enabling him to carry out the functions of such a Commissioner under sections 33 to 37.
	Other authorisations
Secretary of State authorisations.	39. - (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.
	(2) Section 30 shall have effect in relation to the grant of an authorisation by the Secretary of State on the application of an official of the Ministry of Defence, or of a member of Her Majesty's forces, as if the only matters mentioned in subsection (3) of that section were-
	(a) the interests of national security; and
	(b) the purpose of preventing or detecting serious crime.
	(3) The designation of any public authority for the purposes of this section shall be by order made by the Secretary of State.
	(4) The Secretary of State may by order impose restrictions-
	(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.
	(5) References in this section to a member of Her Majesty's forces do not include references to any member of Her Majesty's forces who is a member of a police force by virtue of his service with the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police.
Intelligence services authorisations.	40. - (1) The grant by the Secretary of State 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.
	(2) A single warrant issued by the Secretary of State may combine both-
	(a) an authorisation under this Part; and
	(b) an intelligence services warrant;
	but the provisions of this Act or the 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 30(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-
	(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 authorisation.
	(5) Nothing in subsection (4) shall authorise the doing of anything by one intelligence service on behalf of another unless-
	(a) it is something which either the other service or a member of the other service has power to do; and
	(b) it is done otherwise than in connection with functions of the other service in support of the prevention or detection of serious crime.
	(6) In this section "intelligence services warrant" means a warrant under section 5 of the Intelligence Services Act 1994.
	Grant, renewal and duration of authorisations
General rules about grant, renewal and duration.	41. - (1) An authorisation under this Part-
	(a) may be granted or renewed orally in any urgent case in which the entitlement to act of the person granting or renewing it is not confined to urgent cases; and
	(b) in any other case, must be in writing.
	(2) A single authorisation may combine two or more different authorisations under this Part; but the provisions of this Act that are applicable in the case of each of the authorisations shall apply separately in relation to the part of the combined authorisation to which they are applicable.
	(3) Subject to subsection (4), an authorisation under this Part shall cease to have effect at the end of the following period-
	(a) in the case of an authorisation which-
	(i) has not been renewed and was granted either orally or by a person whose entitlement to act is confined to urgent cases, or
	(ii) was last renewed either orally or by such a person,
	the period of seventy-two hours beginning with the time when the grant of the authorisation or, as the case may be, its latest renewal takes effect;
	(b) in a case not falling within paragraph (a) in which the authorisation is for the conduct or the use of a covert human intelligence source, the period of twelve months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect; and
	(c) in any case not falling within paragraph (a) or (b), the period of three months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect.
	(4) Subject to subsection (6), an authorisation under this Part may be renewed, at any time before the time at which it ceases to have effect, by any person who would be entitled to grant a new authorisation in the same terms.
	(5) Sections 27 to 39 shall have effect in relation to the renewal of an authorisation under this Part as if references to the grant of an authorisation included references to its renewal.
	(6) A person shall not renew an authorisation for the conduct or the use of a covert human intelligence source, unless he-
	(a) is satisfied that a review has been carried out of the matters mentioned in subsection (7); and
	(b) has, for the purpose of deciding whether he should renew the authorisation, considered the results of that review.
	(7) The matters mentioned in subsection (6) are-
	(a) the use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation; and
	(b) the tasks given to the source during that period and the information obtained from the conduct or the use of the source.
	(8) References in this section to the time at which, or the day on which, the grant or renewal of an authorisation takes effect are references, except in the case of an authorisation that takes effect in accordance with section 34(2), to the time at which or, as the case may be, the day on which the authorisation is granted or renewed.
	(9) In relation to any authorisation granted by a member of any of the intelligence services, and in relation to any authorisation contained in a warrant issued by the Secretary of State on the application of a member of any of the intelligence services, this section has effect subject to the provisions of section 42.

Special rules for intelligence services authorisations.	42. - (1) Subject to subsection (2), a warrant containing an authorisation for the carrying out of intrusive surveillance-
	(a) shall not be issued on the application of a member of any of the intelligence services, and
	(b) if so issued shall not be renewed,
	except under the hand of the Secretary of State.
	(2) In an urgent case in which-
	(a) an application for a warrant containing an authorisation for the carrying out of intrusive surveillance has been made by a member of any of the intelligence services, and
	(b) the Secretary of State has himself expressly authorised the issue of the warrant in that case,
	the warrant may be issued (but not renewed) under the hand of a senior official.
	(3) A warrant containing an authorisation for the carrying out of intrusive surveillance which-
	(a) was issued, on the application of a member of any of the intelligence services, under the hand of a senior official, and
	(b) has not been renewed under the hand of the Secretary of State,
	shall cease to have effect at the end of the second working day following the day of the issue of the warrant, instead of at the time provided for by section 41(3).
	(4) Subject to subsection (3), where any warrant for the carrying out of intrusive surveillance which is issued or was last renewed on the application of a member of any of the intelligence services, the warrant (unless renewed or, as the case may be, renewed again) shall cease to have effect at the following time, instead of at the time provided for by section 41(3), namely-
	(a) in the case of a warrant that has not been renewed, at the end of the period of six months beginning with the day on which it was issued; and
	(b) in any other case, at the end of the period of six months beginning with the day on which it would have ceased to have effect if not renewed again.
	(5) Where-
	(a) an authorisation for the carrying out of directed surveillance is granted by a member of any of the intelligence services, and
	(b) the authorisation is renewed by an instrument endorsed under the hand of the person renewing the authorisation with a statement that the renewal is believed to be necessary on grounds falling within section 30(3)(a) or (c),
	the authorisation (unless renewed again) shall cease to have effect at the end of the period of six months beginning with the day on which it would have ceased to have effect but for the renewal, instead of at the time provided for by section 41(3).
	(6) Notwithstanding anything in section 41(2), in a case in which there is a combined warrant containing both-
	(a) an authorisation for the carrying out of intrusive surveillance, and
	(b) an authorisation for the carrying out of directed surveillance,
	the reference in subsection (4) of this section to a warrant for the carrying out of intrusive surveillance is a reference to the warrant so far as it confers both authorisations.
Cancellation of authorisations.	43. - (1) The person who granted or, as the case may be, last renewed an authorisation under this Part shall cancel it if-
	(a) he is satisfied that the authorisation is one in relation to which the requirements of section 27(2)(a) and (b), 28(2)(a) and (b) or, as the case may be, 30(2)(a) and (b) are no longer satisfied; or
	(b) in the case of an authorisation under section 28, he is satisfied that arrangements for the source's case that satisfy the requirements of subsection (5) of that section no longer exist.
	(2) Where an authorisation under this Part was granted or, as the case may be, last renewed-
	(a) by a person entitled to act for any other person, or,
	(b) by the deputy of any other person,
	that other person shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
	(3) Where an authorisation under this Part was granted or, as the case may be, last renewed by a person whose deputy had power to grant it, that deputy shall cancel the authorisation if he is satisfied as to either of the matters mentioned in subsection (1).
	(4) The Secretary of State may by regulations provide for the person by whom any duty imposed by this section is to be performed in a case in which it would otherwise fall on a person designated for the purposes of section 27 or 28 who is no longer available to perform it.
	(5) Regulations under subsection (4) may provide for the person on whom the duty is to fall to be a person appointed in accordance with the regulations.
	(6) The references in this section to a person's deputy are references to the following-
	(a) in relation to-
	(i) a chief constable of a police force maintained under section 2 of the Police Act 1996, or
	(ii) the Commissioner of Police for the City of London,
	to his designated deputy;
	(b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis;
	(c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;
	(d) in relation to the Director General of the National Criminal Intelligence Service, to his designated deputy; and
	(e) in relation to the Director General of the National Crime Squad, to any person designated by him for the purposes of section 30(6)(k) or to his designated deputy.
	(7) In this section "designated deputy" has the same meaning as in section 32.
	Supplemental provision for Part II
Power to extend or modify authorisation provisions.	44. - (1) The Secretary of State may by order do any one or more of the following-
	(a) apply this Part, with such modifications as he thinks fit, to any such surveillance that is neither directed nor intrusive as may be described in the order;
	(b) provide for any description of directed surveillance to be treated for the purposes of this Part as intrusive surveillance;
	(c) provide for any description of intrusive surveillance to be treated for the purposes of this Part as directed surveillance.
	(2) No order shall be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.
Interpretation of Part II.	45. - (1) In this Part-
	"covert human intelligence source" shall be construed in accordance with section 25(7);
	"directed" and "intrusive", in relation to surveillance, shall be construed in accordance with section 25(2) to (5);
	"private vehicle" means (subject to subsection (8)(a)) any vehicle which is used primarily for the private purposes of the person who owns it or of a person otherwise having the right to use it;
	"residential premises" means (subject to subsection (8)(b)) so much of any premises as is for the time being occupied or used by any person, however temporarily, for residential purposes or otherwise as living accommodation (including hotel or prison accommodation that is so occupied or used);
	"senior authorising officer" means a person who by virtue of subsection (6) of section 30 is a senior authorising officer for the purposes of that section;
	"surveillance" shall be construed in accordance with subsections (2) to (4);
	"surveillance device" means any apparatus designed or adapted for use in surveillance.
	(2) Subject to subsection (3), in this Part "surveillance" includes-
	(a) monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications;
	(b) recording anything monitored, observed or listened to in the course of surveillance; and
	(c) surveillance by or with the assistance of a surveillance device.
	(3) References in this Part to surveillance do not include references to-
	(a) any conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) any information which is disclosed in the presence of the source;
	(b) the use of a covert human intelligence source for so obtaining or recording information; or
	(c) any such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under-
	(i) section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or
	(ii) Part III of the Police Act 1997 (powers of the police and of customs officers).
	(4) References in this Part to surveillance include references to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system if, and only if-
	(a) the communication is one sent by or intended for a person who has consented to the interception of communications sent by or to him; and
	(b) there is no interception warrant authorising the interception.
	(5) References in this Part to an individual holding an office or position with a public authority include references to any member, official or employee of that authority.
	(6) For the purposes of this Part the activities of a covert human intelligence source which are to be taken as activities for the benefit of a particular public authority include any conduct of his as such a source which is in response to inducements or requests made by or on behalf of that authority.
	(7) References in this Part to a police force do not include references to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.
	(8) In subsection (1)-
	(a) the reference to a person having the right to use a vehicle does not, in relation to a motor vehicle, include a reference to a person whose right to use the vehicle derives only from his having paid, or undertaken to pay, for the use of the vehicle and its driver for a particular journey; and
	(b) the reference to premises occupied or used by any person for residential purposes or otherwise as living accommodation does not include a reference to so much of any premises as constitutes any common area to which he has or is allowed access in connection with his use or occupation of any accommodation.
	(9) In this section-
	"premises" includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land;
	"vehicle" includes any vessel, aircraft or hovercraft.

	PART III
	INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION ETC.
	Power to require disclosure of key
Notices requiring disclosure of key.	46. - (1) This section applies where any protected information-
	(a) has come into the possession of any person by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so;
	(b) has come into the possession of any person by means of the exercise of any statutory power to intercept communications, or is likely to do so;
	(c) has come into the possession of any person by means of the exercise of any power conferred by an authorisation under section 21(3) or under Part II, or as a result of the giving of a notice under section 21(4), or is likely to do so;
	(d) has come into the possession of any person as a result of having been provided or disclosed in pursuance of any statutory duty (whether or not one arising as a result of a request for information), or is likely to do so; or
	(e) has, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police or the customs and excise, or is likely so to come into the possession of any of those services, the police or the customs and excise.
	(2) If any person with the appropriate permission under Schedule 1 believes, on reasonable grounds-
	(a) that a key to the protected information is in the possession of any person,
	(b) that the imposition of a requirement to disclose the key is-
	(i) necessary on grounds falling within subsection (3), or
	(ii) likely to be of value for purposes connected with the exercise or performance by any public authority of any statutory power or statutory duty,
	(c) that the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, and
	(d) that the key cannot reasonably be obtained by the person with the appropriate permission without the giving of a notice under this section,
	the person with that permission may, by notice to the person whom he believes to have possession of the key, require the disclosure of the key.
	(3) A requirement to disclose a key is necessary on grounds falling within this subsection if it is necessary-
	(a) in the interests of national security;
	(b) for the purpose of preventing or detecting crime; or
	(c) in the interests of the economic well-being of the United Kingdom.
	(4) A notice under this section requiring the disclosure of any key-
	(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) subject to paragraph (a), may take such form and be given in such manner as the person giving it thinks fit; and
	(c) must specify the manner in which, and time by which, the disclosure is to be made.
	(5) A notice under this section shall not require the disclosure of a key to any person other than-
	(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.
	(6) A notice under this section shall not require the disclosure of any key which-
	(a) is intended to be used for the purpose only of generating electronic signatures; and
	(b) has not in fact been used for any other purpose.
	(7) Schedule 1 (definition of the appropriate permission) shall have effect.
Disclosure of information in place of key.	47. - (1) Subsection (2) applies where-
	(a) a person is required by a section 46 notice to disclose a key to any protected information; and
	(b) compliance with the requirement by the provision of the information in an intelligible form is authorised for the purposes of this section.
	(2) The person required to disclose the key-
	(a) may use it to obtain access to the protected information, or to put that information into an intelligible form; and
	(b) shall be taken for the purposes of this Part to have complied with the requirement to disclose the key if, by the time by which he is required to disclose it to any person, he has instead provided that person with the information in an intelligible form.
	(3) Compliance with a requirement to disclose a key to protected information by the provision of the information in an intelligible form is authorised for the purposes of this section unless-
	(a) the person who for the purposes of Schedule 1 granted the permission for the giving of a section 46 notice in relation to that information, or
	(b) any person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,
	has given a direction that the requirement can be complied with only by the disclosure of the key itself.
	(4) A person shall not give a direction for the purposes of subsection (3) unless he believes that the giving of the direction is proportionate to what is sought to be achieved by prohibiting any compliance with the requirement in question otherwise than by the disclosure of the key itself.
Arrangements for payments for key disclosure.	48. - (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 persons to whom section 46 notices are given of appropriate contributions towards the costs incurred by them in complying with such notices.
	(2) For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for payments to be made out of money provided by Parliament.
	Offences
Failure to comply with a notice.	49. - (1) A person is guilty of an offence if-
	(a) he fails to comply, in accordance with any section 46 notice, with any requirement of that notice to disclose a key to protected information; and
	(b) he is a person who has or has had possession of the key.
	(2) In proceedings against any person for an offence under this section, it shall be a defence (subject to subsection (4)) for that person to show-
	(a) that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it; but
	(b) that he did, before that time, make a disclosure, to the person to whom he was required to disclose the key, of all such information in his possession as was required by that person to enable possession of the key to be obtained.
	(3) In proceedings against any person for an offence under this section it shall be a defence (subject to subsection (4)) for that person to show-
	(a) that it was not reasonably practicable for him to make a disclosure of the key before the time by which he was required to do so;
	(b) where the key was not in his possession at that time, that it was not reasonably practicable for him, before that time, to make such a disclosure as is mentioned in subsection (2)(b); and
	(c) that as soon after that time as it was reasonably practicable for him to make a disclosure of the key or (if earlier) of sufficient information to enable possession of the key to be obtained, he made such a disclosure to the person to whom he was required to disclose the key.
	(4) Except in a case where there is no authorisation for the purposes of section 47, in proceedings for an offence under this section a person shall have a defence under subsection (2) or (3) only if he also shows that it was not reasonably practicable for him to comply with the requirement in the manner allowed by that section.
	(5) A person guilty of an offence under this section shall be liable-
	(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.

Tipping-off.	50. - (1) This section applies where a section 46 notice contains a provision requiring-
	(a) the person to whom the notice is given, and
	(b) every other person who becomes aware of it or of its contents,
	to keep secret the giving of the notice, its contents and the things done in pursuance of it.
	(2) A section 46 notice shall not contain a requirement to keep anything secret except where the key to which it relates is a key to protected information which-
	(a) has come into the possession of the police, the customs and excise or any of the intelligence services, or
	(b) is likely to come into the possession of the police, the customs and excise or any of the intelligence services,
	by means which it is reasonable, in order to maintain the effectiveness of any investigation or of investigatory techniques generally, or in the interests of the safety or well-being of any person, to keep secret from a particular person.
	(3) A person who makes a disclosure to any other person of anything that he is required by a section 46 notice to keep secret shall be guilty of an offence and liable-
	(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.
	(4) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that-
	(a) the disclosure was effected entirely by the operation of software designed to indicate when a key to protected information has ceased to be secure; and
	(b) that person could not reasonably have been expected to take steps, after being given the notice or (as the case may be) becoming aware of it or of its contents, to prevent the disclosure.
	(5) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that-
	(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 Part; 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.
	(6) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was made by a legal adviser-
	(a) in contemplation of, or in connection with, any legal proceedings; and
	(b) for the purposes of those proceedings.
	(7) Neither subsection (5) nor subsection (6) applies in the case of a disclosure made with a view to furthering any criminal purpose.
	(8) In proceedings against any person for an offence under this section in respect of any disclosure, it shall be a defence for that person to show that the disclosure was authorised by or on behalf of either the person who gave the notice or a person who-
	(a) is in possession of the protected information to which the notice relates; and
	(b) came into possession of that information as mentioned in section 46(1).
	(9) In proceedings for an offence under this section against a person other than the person to whom the notice was given, it shall be a defence for the person against whom the proceedings are brought to show that he neither knew nor had reasonable grounds for suspecting that the notice contained a requirement to keep secret what was disclosed.
	Safeguards
General duties of specified authorities.	51. - (1) This section applies to-
	(a) the Secretary of State and every other Minister of the Crown in charge of a government department;
	(b) every chief officer of police;
	(c) the Commissioners of Customs and Excise; and
	(d) every person whose officers or employees include persons with duties that involve the giving of section 46 notices.
	(2) It shall be the duty of each of the persons to whom this section applies to ensure that such arrangements are in force, in relation to persons under his control who by virtue of this Part obtain possession of keys to protected information, as he considers necessary for securing-
	(a) that a key disclosed in pursuance of a section 46 notice is used for obtaining access to, or putting into an intelligible form, only protected information in relation to which power to give such a notice was exercised or could have been exercised if the key had not already been disclosed;
	(b) that the uses to which a key so disclosed is put are reasonable having regard both to the uses to which the person using the key is entitled to put any protected information to which it relates and to the other circumstances of the case;
	(c) that, having regard to those matters, the use and any retention of the key are proportionate to what is sought to be achieved by its use or retention;
	(d) that the requirements of subsection (3) are satisfied in relation to any key disclosed in pursuance of a section 46 notice;
	(e) that all records of a key so disclosed (if not destroyed earlier) are destroyed as soon as the key is no longer needed for the purpose of enabling protected information to be put into an intelligible form.
	(3) The requirements of this subsection are satisfied in relation to any key disclosed in pursuance of a section 46 notice if-
	(a) the number of persons to whom the key is disclosed or otherwise made available, and
	(b) the number of copies made of the key,
	are each limited to the minimum that is necessary for the purpose of enabling protected information to be put into an intelligible form.
	(4) In this section "chief officer of police" means any of the following-
	(a) the chief constable of a police force maintained under or by virtue of section 2 of the Police Act 1996 or section 1 of the Police (Scotland) Act 1967;
	(b) the Commissioner of Police of the Metropolis;
	(c) the Commissioner of Police for the City of London;
	(d) the Chief Constable of the Royal Ulster Constabulary;
	(e) the Chief Constable of the Ministry of Defence Police;
	(f) the Provost Marshal of the Royal Navy Regulating Branch;
	(g) the Provost Marshal of the Royal Military Police;
	(h) the Provost Marshal of the Royal Air Force Police;
	(i) the Chief Constable of the British Transport Police;
	(j) the Director General of the National Criminal Intelligence Service;
	(k) the Director General of the National Crime Squad.
	Interpretation of Part III
Interpretation of Part III.	52. - (1) In this Part-
	"the customs and excise" means the Commissioners of Customs and Excise or any customs officer;
	"electronic signature" means anything in electronic form which-
	(a) is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data;
	(b) is generated by the signatory or other source of the communication or data; and
	(c) is used for the purpose of facilitating, by means of a link between the signatory or other source and the communication or data, the establishment of the authenticity of the communication or data, the establishment of its integrity, or both;
	"key", in relation to any electronic data, means any key, code, password, algorithm or other data the use of which (with or without other keys)-
	(a) allows access to the electronic data, or
	(b) facilitates the putting of the data into an intelligible form;
	"the police" means-
	(a) any constable;
	(b) the Commissioner of Police of the Metropolis or any Assistant Commissioner of Police of the Metropolis; or
	(c) the Commissioner of Police for the City of London;
	"protected information" means any electronic data which, without the key to the data-
	(a) cannot, or cannot readily, be accessed, or
	(b) cannot, or cannot readily, be put into an intelligible form;
	"section 46 notice" means a notice under section 46;
	"warrant" includes any authorisation, notice or other instrument (however described) conferring a power of the same description as may, in other cases, be conferred by a warrant.
	(2) References in this Part to a person's having in his possession a key to any protected information include references to his having an immediate right of access to the key, or an immediate right to have it transmitted or otherwise supplied to him.
	(3) References in this Part to a person's having protected information in his possession include references-
	(a) to its being in the possession of a person who is under his control so far as that information is concerned; and
	(b) to its being, or being contained in, anything which he or a person under his control is entitled, in exercise of any statutory power and without otherwise taking possession of it, to detain, inspect or search.
	(4) References in this Part to something's being intelligible or being put into an intelligible form include references to its being in the condition in which it was before an encryption or similar process was applied to it or, as the case may be, to its being restored to that condition.
	(5) In this section-
	(a) references to the authenticity of any communication or data are references to any one or more of the following-
	(i) whether the communication or data comes from a particular person or other source;
	(ii) whether it is accurately timed and dated;
	(iii) whether it is intended to have legal effect;
	and
	(b) references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.

	PART IV
	SCRUTINY ETC. OF INVESTIGATORY POWERS AND OF THE FUNCTIONS OF THE INTELLIGENCE SERVICES
	Commissioners
New Commissioners.	53. - (1) The Prime Minister shall appoint two Commissioners, to be known as the Interception of Communications Commissioner and the Covert Investigations Commissioner.
	(2) Subject to subsection (5), the Interception of Communications Commissioner shall keep under review-
	(a) the exercise and performance by the Secretary of State of the powers and duties conferred or imposed on him by or under sections 1 to 11;
	(b) the exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Chapter II of Part I;
	(c) the exercise and performance by the Secretary of State in relation to information obtained under Part I of the powers and duties conferred or imposed on him by or under Part III; and
	(d) the adequacy of the arrangements by virtue of which-
	(i) the duty which is imposed on the Secretary of State by section 14, and
	(ii) so far as applicable to information obtained under Part I, the duties imposed by section 51,
	are sought to be discharged.
	(3) Subject to subsection (5), the Covert Investigations Commissioner shall keep under review, so far as they are not required to be kept under review by the Security Service Act Commissioner, the Intelligence Services Act Commissioner or the Chief Surveillance Commissioner-
	(a) the exercise and performance, by the persons on whom they are conferred or imposed, of the powers and duties conferred or imposed by or under Part II;
	(b) the exercise and performance, by any person other than a judicial authority, of the powers and duties conferred or imposed, otherwise than with the permission of such an authority, by or under Part III; and
	(c) the adequacy of the arrangements by virtue of which the duties imposed by section 51 are sought to be discharged in relation to persons whose conduct is subject to review under paragraph (b).
	(4) The Interception of Communications Commissioner and the Covert Investigations Commissioner shall each give the Tribunal all such assistance (including his opinion as to any issue falling to be determined by the Tribunal) as the Tribunal may require-
	(a) in connection with the investigation of any matter by the Tribunal; or
	(b) otherwise for the purposes of the Tribunal's consideration or determination of any matter.
	(5) It shall not be the function of either Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.
	(6) A person shall not be appointed under this section as a Commissioner unless-
	(a) in the case of the Interception of Communications Commissioner, he holds or has held a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876); or
	(b) in the case of the Covert Investigations Commissioner, he holds or has held any such high judicial office or holds or has held office as a Circuit judge, a sheriff in Scotland or a county court judge in Northern Ireland.
	(7) Each of the Commissioners shall hold office in accordance with the terms of his appointment; and there shall be paid to each Commissioner out of money provided by Parliament such allowances as the Treasury may determine.
	(8) On the coming into force of this section the Commissioner holding office as the Commissioner under section 8 of the Interception of Communications Act 1985 shall take and hold office as the Interception of Communications Commissioner as if appointed under this Act-
	(a) for the unexpired period of his term of office under that Act; and
	(b) otherwise, on the terms of his appointment under that Act.
	(9) In this section "judicial authority" means-
	(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) any justice of the peace;
	(d) any county court judge or resident magistrate in Northern Ireland;
	(e) any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.
Co-operation with and reports by new Commissioners.	54. - (1) It shall be the duty of-
	(a) every person holding office under the Crown,
	(b) every member of the National Criminal Intelligence Service,
	(c) every member of the National Crime Squad,
	(d) every person employed by or for the purposes of a police force,
	(e) every person required for the purposes of section 11 to provide assistance with giving effect to an interception warrant,
	(f) every person on whom an obligation to take any steps has been imposed under section 12,
	(g) every person by or to whom an authorisation under section 21(3) has been granted,
	(h) every person to whom a notice under section 21(4) has been given,
	(i) every person to whom a notice under section 46 has been given in relation to any information obtained under Part I, and
	(j) every person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) or (i),
	to disclose or provide to the Interception of Communications Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section 53.
	(2) It shall be the duty of-
	(a) every person by whom, or on whose application, there has been granted any authorisation the grant of which is subject to review by the Covert Investigations Commissioner,
	(b) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),
	(c) every person who has engaged in any conduct with the authority of such an authorisation, and
	(d) every person who holds or has held any office, rank or position with a public authority for whose benefit any such authorisation has been or may be granted,
	to disclose or provide to that Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.
	(3) If it at any time appears to the Interception of Communications Commissioner or the Covert Investigations Commissioner-
	(a) that there has been a contravention of the provisions of this Act in relation to any matter with which that Commissioner is concerned, and
	(b) that the contravention has not been the subject of a report made to the Prime Minister by the Tribunal,
	he shall make a report to the Prime Minister with respect to that contravention.
	(4) If it at any time appears to the Interception of Communications Commissioner that any arrangements by reference to which the duties imposed by sections 14 and 51 have sought to be discharged have proved inadequate in relation to any matter with which the Commissioner is concerned, he shall make a report to the Prime Minister with respect to those arrangements.
	(5) As soon as practicable after the end of each calendar year, the Interception of Communications Commissioner and the Covert Investigations Commissioner shall each make a report to the Prime Minister with respect to the carrying out of that Commissioner's functions.
	(6) The Prime Minister shall lay before each House of Parliament a copy of every annual report made by a Commissioner under subsection (5), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (7).
	(7) If it appears to the Prime Minister, after consultation with the Commissioner in question, that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to-
	(a) national security,
	(b) the prevention or detection of serious crime,
	(c) the economic well-being of the United Kingdom, or
	(d) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,
	the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.
Additional functions of other Commissioners.	55. - (1) Subject to subsection (5), the Security Service Act Commissioner shall (in addition to his functions under the Security Service Act 1989) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner-
	(a) the exercise and performance by the Secretary of State, in connection with or in relation to the activities of the Security Service, of the powers and duties conferred or imposed on him by Parts II and III;
	(b) the exercise and performance by members of the Security Service of the powers and duties conferred or imposed on them by or under Parts II and III; and
	(c) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged in relation to members of the Security Service.
	(2) Subject to subsection (5), the Intelligence Services Act Commissioner shall (in addition to his functions under the Intelligence Services Act 1994) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner-
	(a) the exercise and performance by the Secretary of State, in connection with or in relation to-
	(i) the activities of the Secret Intelligence Service and of GCHQ, and
	(ii) the activities in places other than Northern Ireland of officials of the Ministry of Defence and of members of Her Majesty's forces,
	of the powers and duties conferred or imposed on him by Parts II and III;
	(b) the exercise and performance by members of the Secret Intelligence Service and of GCHQ of the powers and duties conferred or imposed on members of those services by or under Parts II and III;
	(c) the exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and
	(d) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged-
	(i) in relation to the members of the Secret Intelligence Service and of GCHQ; and
	(ii) in connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty's forces.
	(3) The Chief Surveillance Commissioner shall (in addition to his functions under the Police Act 1997) keep under review, so far as they are not required to be kept under review by the Interception of Communications Commissioner, the Security Service Act Commissioner or the Intelligence Services Act Commissioner-
	(a) the exercise and performance by members of police forces, by members of the National Criminal Intelligence Service, by members of the National Crime Squad and by customs officers of the powers and duties conferred or imposed on them by or under Part II;
	(b) the exercise and performance by members of police forces, by members of the National Criminal Intelligence Service, by members of the National Crime Squad and by customs officers, in relation to-
	(i) information obtained under Part II of this Act or Part III of the Police Act 1997, or
	(ii) information in the case of which paragraph 4 of Schedule 1 to this Act applies,
	of the powers and duties conferred or imposed on them by or under Part III of this Act;
	(c) the exercise and performance in Northern Ireland by officials of the Ministry of Defence and members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and
	(d) the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged-
	(i) in relation, in connection with the exercise or performance of powers or duties with respect to information falling within paragraph (b)(i) or (ii), to members of police forces, members of the National Criminal Intelligence Service, members of the National Crime Squad and customs officers; and
	(ii) in relation, in connection with any of their activities in Northern Ireland, to officials of the Ministry of Defence and members of Her Majesty's forces.
	(4) The Chief Surveillance Commissioner may require any ordinary Surveillance Commissioner to provide him with assistance in carrying out his functions under subsection (3); and that assistance may include-
	(a) the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter, and
	(b) the making of a report to the Chief Surveillance Commissioner about the matter reviewed.
	(5) It shall not by virtue of this section be the function of any Commissioner to keep under review the exercise of any power of the Secretary of State to make, amend or revoke any subordinate legislation.
	(6) Subsection (5) of section 39 shall apply for the purposes of this section as it applies for the purposes of that section.
	The Tribunal
The Tribunal.	56. - (1) There shall, for the purpose of exercising the jurisdiction conferred on them by this section, be a tribunal consisting of such number of members as Her Majesty may by Letters Patent appoint.
	(2) The jurisdiction of the Tribunal shall be-
	(a) to be the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for actions incompatible with Convention rights) which fall within subsection (3) of this section;
	(b) to consider and determine any complaints made to them which, in accordance with subsection (4), are complaints for which the Tribunal is the appropriate forum;
	(c) to consider and determine any reference to them by any person that he has suffered detriment as a consequence of any prohibition or restriction, by virtue of section 16, on his relying in, or for the purposes of, any civil proceedings on any matter; and
	(d) to hear and determine any other such proceedings falling within subsection (3) as may be allocated to them in accordance with provision made by the Secretary of State by order.
	(3) Proceedings fall within this subsection if-
	(a) they are proceedings against any of the intelligence services;
	(b) they are proceedings against any other person in respect of any conduct, or proposed conduct, by or on behalf of any of those services; or
	(c) they are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).
	(4) The Tribunal is the appropriate forum for any complaint if it is a complaint by a person who is aggrieved by any conduct falling within subsection (5) which he believes-
	(a) to have taken place in relation to him, to any of his property, to any communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system; and
	(b) to have taken place in challengeable circumstances or to have been carried out by or on behalf of any of the intelligence services.
	(5) Subject to subsection (6), conduct falls within this subsection if (whenever it occurred) it is-
	(a) conduct by or on behalf of any of the intelligence services;
	(b) conduct for or in connection with the interception of communications in the course of their transmission by means of a postal service or telecommunication system;
	(c) conduct to which Chapter II of Part I or Part II applies;
	(d) the giving of a notice under section 46 or any disclosure or use of a key to protected information;
	(e) any entry on or interference with property or any interference with wireless telegraphy.
	(6) For the purposes only of subsection (3), conduct to which Part II applies, an entry on or interference with property or an interference with wireless telegraphy is not conduct falling within subsection (5) unless it is conduct by or on behalf of a person holding any office, rank or position with-
	(a) any of the intelligence services;
	(b) any of Her Majesty's forces;
	(c) any police force;
	(d) the National Criminal Intelligence Service;
	(e) the National Crime Squad; or
	(f) the Commissioners of Customs and Excise;
	and section 45(5) applies for the purposes of this subsection as it applies for the purposes of Part II.
	(7) For the purposes of this section conduct takes place in challengeable circumstances if-
	(a) it takes place with the authority, or purported authority, of anything falling within subsection (8); or
	(b) the circumstances are such that (whether or not there is such authority) it would not have been appropriate for the conduct to take place without it, or at least without proper consideration having been given to whether such authority should be sought.
	(8) The following fall within this subsection-
	(a) an interception warrant or a warrant under the Interception of Communications Act 1985;
	(b) an authorisation or notice under Chapter II of Part I of this Act;
	(c) an authorisation under Part II of this Act;
	(d) a permission of the Secretary of State for the purposes of Schedule 1 to this Act;
	(e) any such notice under section 46 of this Act as may be given with such a permission of the Secretary of State; or
	(f) an authorisation under section 93 of the Police Act 1997.
	(9) Schedule 2 (which makes further provision in relation to the Tribunal) shall have effect.
	(10) In this section-
	(a) references to a key and to protected information shall be construed in accordance with section 52;
	(b) references to the disclosure or use of a key to protected information taking place in relation to a person are references to such a disclosure or use taking place in a case in which that person has had possession of the key or of the protected information; and
	(c) references to the disclosure of a key to protected information include references to the making, instead, of a disclosure in intelligible form (within the meaning of section 52) of the protected information to which the key applies;
	and the reference in paragraph (b) to a person's having possession of a key or of protected information shall be construed in accordance with section 52.
Orders allocating proceedings to the Tribunal.	57. - (1) An order under section 56(2)(d) allocating proceedings to the Tribunal may-
	(a) provide for the Tribunal to exercise jurisdiction in relation to that matter to the exclusion of the jurisdiction of any court or tribunal; but
	(b) if it does so provide, must contain provision conferring a power on the Tribunal, in the circumstances provided for in the order, to remit the proceedings to the court or tribunal which would have had jurisdiction apart from the order.
	(2) In making any provision by an order under section 56(2)(d) the Secretary of State shall have regard, in particular, to-
	(a) the need to secure that proceedings allocated to the Tribunal are properly heard and considered; and
	(b) the need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.
	(3) The Secretary of State shall not make an order under section 56(2)(d) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Exercise of the Tribunal's jurisdiction.	58. - (1) Subject to subsections (4) and (5), it shall be the duty of the Tribunal-
	(a) to hear and determine any proceedings brought before them by virtue of section 56(2)(a) or (d); and
	(b) to consider and determine any complaint or reference made to them by virtue of section 56(2)(b) or (c).
	(2) Where the Tribunal hear any proceedings by virtue of section 56(2)(a), they shall apply the same principles for making their determination in those proceedings as would be applied by a court on an application for judicial review.
	(3) Where the Tribunal consider a complaint made to them by virtue of section 56(2)(b), it shall be the duty of the Tribunal-
	(a) to investigate whether the persons against whom any allegations are made in the complaint have engaged in relation to-
	(i) the complainant,
	(ii) any of his property,
	(iii) any communications sent by or to him, or intended for him, or
	(iv) his use of any postal service, telecommunications service or telecommunication system,
	in any conduct falling within section 56(5);
	(b) to investigate the authority (if any) for any conduct falling within section 56(5) which they find has been so engaged in; and
	(c) in relation to the Tribunal's findings from their investigations, to determine the complaint by applying the same principles as would be applied by a court on an application for judicial review.
	(4) The Tribunal shall not be under any duty to hear, consider or determine any proceedings, complaint or reference if it appears to them that the bringing of the proceedings or the making of the complaint or reference is frivolous or vexatious.
	(5) Except where the Tribunal, having regard to all the circumstances, are satisfied that it is equitable to do so, they shall not consider or determine any complaint made by virtue of section 56(2)(b) if it is made more than one year after the taking place of the conduct to which it relates.
	(6) Subject to any provision made by rules under section 60, the Tribunal on determining any proceedings, complaint or reference shall have power to make any such award of compensation or other order as they think fit; and, without prejudice to the power to make rules under section 60(2)(h), the other orders that may be made by the Tribunal include-
	(a) an order quashing or cancelling any warrant or authorisation; and
	(b) an order requiring the destruction of any records of information which
	(i) has been obtained in exercise of any power conferred by a warrant or authorisation; or
	(ii) is held by any public authority in relation to any person.
	(7) Except to such extent as the Secretary of State may by order otherwise provide, determinations, awards, orders and other decisions of the Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court.
	(8) The provision that may be contained in an order under subsection (7) may include-
	(a) provision for the establishment and membership of a tribunal or body to hear appeals;
	(b) the appointment of persons to that tribunal or body and provision about the remuneration and allowances to be payable to such persons and the expenses of the tribunal;
	(c) the conferring of jurisdiction to hear appeals on any existing court or tribunal; and
	(d) any such provision in relation to an appeal under the order as corresponds to provision that may be made by rules under section 60 in relation to proceedings before the Tribunal, or to complaints or references made to the Tribunal.
	(9) The Secretary of State shall not make an order under subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Tribunal procedure.	59. - (1) Subject to any rules made under section 60, the Tribunal shall be entitled to determine their own procedure in relation to any proceedings, complaint or reference brought before or made to them.
	(2) The Tribunal shall have power-
	(a) in connection with the investigation of any matter, or
	(b) otherwise for the purposes of the Tribunal's consideration or determination of any matter,
	to require a relevant Commissioner appearing to the Tribunal to have functions in relation to the matter in question to provide the Tribunal with all such assistance (including that Commissioner's opinion as to any issue falling to be determined by the Tribunal) as the Tribunal think fit.
	(3) Where the Tribunal hear or consider any proceedings, complaint or reference relating to any matter, they shall secure that every relevant Commissioner appearing to them to have functions in relation to that matter-
	(a) is aware that the matter is the subject of proceedings, a complaint or a reference brought before or made to the Tribunal; and
	(b) is kept informed of any determination, award, order or other decision made by the Tribunal with respect to that matter.
	(4) Where the Tribunal determine any proceedings, complaint or reference brought before or made to them, they shall give notice to the complainant which (subject to any rules made by virtue of section 60(2)(i)) shall be confined, as the case may be, to either-
	(a) a statement that they have made a determination in his favour; or
	(b) a statement that no determination has been made in his favour.
	(5) Where-
	(a) the Tribunal make a determination in favour of any person by whom any proceedings have been brought before the Tribunal or by whom any complaint or reference has been made to the Tribunal, and
	(b) the determination relates to any act or omission by or on behalf of the Secretary of State or to conduct for which any warrant, authorisation or permission was issued, granted or given by the Secretary of State,
	they shall make a report of their findings to the Prime Minister.
	(6) It shall be the duty of the persons specified in subsection (7) to disclose or provide to the Tribunal all such documents and information as the Tribunal may require for the purpose of enabling them-
	(a) to exercise the jurisdiction conferred on them by or under section 56; or
	(b) otherwise to exercise or perform any power or duty conferred or imposed on them by or under this Act.
	(7) Those persons are-
	(a) every person holding office under the Crown;
	(b) every member of the National Criminal Intelligence Service;
	(c) every member of the National Crime Squad;
	(d) every person employed by or for the purposes of a police force;
	(e) every person required for the purposes of section 11 to provide assistance with giving effect to an interception warrant;
	(f) every person on whom an obligation to take any steps has been imposed under section 12;
	(g) every person by or to whom an authorisation under section 21(3) has been granted;
	(h) every person to whom a notice under section 21(4) has been given;
	(i) every person by whom, or on whose application, there has been granted or given any authorisation under Part II of this Act or under Part III of the Police Act 1997;
	(j) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (i);
	(k) every person who has engaged in any conduct with the authority of an authorisation under section 21 or Part II of this Act or under Part III of the Police Act 1997;
	(l) every person who holds or has held any office, rank or position with a public authority for whose benefit any such authorisation has been or may be given;
	(m) every person to whom a notice under section 46 has been given; and
	(n) every person who is or has been employed for the purposes of any business of a person falling within paragraph (e), (f), (h) or (m).
	(8) In this section "relevant Commissioner" means the Interception of Communications Commissioner, the Covert Investigations Commissioner, the Security Service Act Commissioner, the Intelligence Services Act Commissioner or any Surveillance Commissioner.
Tribunal rules.	60. - (1) The Secretary of State may make rules regulating the exercise by the Tribunal of the jurisdiction conferred on them by or under section 56 and any matters preliminary or incidental to, or arising out of, the hearing or consideration of any proceedings, complaint or reference brought before or made to the Tribunal.
	(2) Without prejudice to the generality of subsection (1), rules under this section may-
	(a) enable the jurisdiction of the Tribunal to be exercised at any place in the United Kingdom by any two or more members of the Tribunal designated for the purpose by the President of the Tribunal;
	(b) enable different members of the Tribunal to carry out functions in relation to different complaints at the same time;
	(c) prescribe the form and manner in which proceedings are to be brought before the Tribunal or a complaint or reference is to be made to the Tribunal;
	(d) require persons bringing proceedings or making complaints or references to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination of whether-
	(i) the bringing of the proceedings, or
	(ii) the making of the complaint or reference,
	is frivolous or vexatious;
	(e) make provision about the determination of any question as to whether a person by whom-
	(i) any proceedings have been brought before the Tribunal, or
	(ii) any complaint or reference has been made to the Tribunal,
	is a person with a right to bring those proceedings or make that complaint or reference;
	(f) prescribe the forms of hearing or consideration to be adopted by the Tribunal in relation to particular proceedings, complaints or references (including a form that requires any proceedings brought before the Tribunal to be disposed of as if they were a complaint or reference made to the Tribunal);
	(g) prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings, complaint or reference (including, where applicable, the mode and burden of proof and the admissibility of evidence);
	(h) prescribe orders that may be made by the Tribunal under section 58(6);
	(i) require information about any determination, award, order or other decision made by the Tribunal in relation to any proceedings, complaint or reference to be provided (in addition to any statement under section 59(4)) to the person who brought the proceedings or made the complaint or reference, or to the person representing his interests.
	(3) Rules under this section in relation to the hearing or consideration of any matter by the Tribunal may provide-
	(a) for a person who has brought any proceedings before or made any complaint or reference to the Tribunal to have the right to be legally represented;
	(b) for the manner in which the interests of a person who has brought any proceedings before or made any complaint or reference to the Tribunal are otherwise to be represented;
	(c) for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests in the case of any proceedings, complaint or reference.
	(4) The power to make rules under this section includes power to make rules-
	(a) enabling or requiring the Tribunal to hear or consider any proceedings, complaint or reference without the person who brought the proceedings or made the complaint or reference having been given full particulars of the reasons for any conduct which is the subject of the proceedings, complaint or reference;
	(b) enabling or requiring the Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the complaint or reference and any legal representative of his);
	(c) enabling or requiring the Tribunal to give a summary of any evidence taken in his absence to the person by whom the proceedings were brought or, as the case may be, to the person who made the complaint or reference;
	(d) enabling or requiring the Tribunal to exercise their jurisdiction, and to exercise and perform the powers and duties conferred or imposed on them (including, in particular, in relation to the giving of reasons), in such manner provided for in the rules as prevents or limits the disclosure of particular matters.
	(5) Rules under this section may also include provision-
	(a) enabling powers or duties of the Tribunal that relate to matters preliminary or incidental to the hearing or consideration of any proceedings, complaint or reference to be exercised or performed by a single member of the Tribunal; and
	(b) conferring on the Tribunal such ancillary powers as the Secretary of State thinks necessary for the purposes of, or in connection with, the exercise of the Tribunal's jurisdiction, or the exercise or performance of any power or duty conferred or imposed on them.
	(6) In making rules under this section the Secretary of State shall have regard, in particular, to-
	(a) the need to secure that matters which are the subject of proceedings, complaints or references brought before or made to the Tribunal are properly heard and considered; and
	(b) the need to secure that information is not disclosed to an extent, or in a manner, that is contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services.
	(7) Rules under this section may make provision by the application, with or without modification, of the provision from time to time contained in specified rules of court.
	(8) No rules shall be made under this section unless a draft of them has first been laid before Parliament and approved by a resolution of each House.
Abolition of jurisdiction in relation to complaints.	61. - (1) The provisions set out in subsection (2) (which provide for the investigation etc. of certain complaints) shall not apply in relation to any complaint made after the coming into force of this section.
	(2) Those provisions are-
	(a) section 5 of, and Schedules 1 and 2 to, the Security Service Act 1989 (investigation of complaints about the Security Service made to the Tribunal established under that Act);
	(b) section 9 of, and Schedules 1 and 2 to, the Intelligence Services Act 1994 (investigation of complaints about the Secret Intelligence Service or GCHQ made to the Tribunal established under that Act); and
	(c) section 102 of, and Schedule 7 to, the Police Act 1997 (investigation of complaints made to the Surveillance Commissioners).
	Codes of practice
Issue and revision of codes of practice.	62. - (1) The Secretary of State shall issue one or more codes of practice relating to the exercise and performance of the powers and duties mentioned in subsection (2).
	(2) Those powers and duties are those (excluding any power to make subordinate legislation) that are conferred or imposed otherwise than on the Surveillance Commissioners by or under-
	(a) Parts I to III of this Act;
	(b) section 5 of the Intelligence Services Act 1994 (warrants for interference with property or wireless telegraphy for the purposes of the intelligence services); and
	(c) Part III of the Police Act 1997 (authorisation by the police or customs and excise of interference with property or wireless telegraphy).
	(3) Before issuing a code of practice under subsection (1), the Secretary of State shall-
	(a) prepare and publish a draft of that code; and
	(b) consider any representations made to him about the draft;
	and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.
	(4) The Secretary of State shall lay before both Houses of Parliament every draft code of practice prepared and published by him under this section.
	(5) A code of practice issued by the Secretary of State under this section shall not be brought into force except in accordance with an order made by the Secretary of State.
	(6) An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the bringing into force of the code brought into force by that order.
	(7) The Secretary of State may from time to time-
	(a) revise the whole or any part of a code issued under this section; and
	(b) issue the revised code.
	(8) Subsections (3) to (6) shall apply (with appropriate modifications) in relation to the issue of any revised code under this section as they apply in relation to the first issue of such a code.
	(9) The Secretary of State shall not make an order containing provision for any of the purposes of this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Effect of codes of practice.	63. - (1) A person exercising or performing any power or duty in relation to which provision may be made by a code of practice under section 62 shall, in doing so, have regard to the provisions (so far as they are applicable) of every code of practice for the time being in force under that section.
	(2) A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section 62 shall not of itself render him liable to any criminal or civil proceedings.
	(3) A code of practice in force at any time under section 62 shall be admissible in evidence in any criminal or civil proceedings.
	(4) If any provision of a code of practice issued or revised under section 62 appears to-
	(a) the court or tribunal conducting any civil or criminal proceedings,
	(b) the Tribunal,
	(c) a relevant Commissioner carrying out any of his functions under this Act, the Security Service Act 1989 or the Intelligence Services Act 1994, or
	(d) a Surveillance Commissioner carrying out his functions under this Act or the Police Act 1997,
	to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to a time when it was in force, that provision of the code shall be taken into account in determining that question.
	(5) In this section "relevant Commissioner" means the Interception of Communications Commissioner, the Covert Investigations Commissioner, the Security Service Act Commissioner or the Intelligence Services Act Commissioner.

General saving for lawful conduct.	70. Nothing in any of the provisions of this Act by virtue of which conduct of any description is or may be authorised by any warrant, authorisation or notice, or by virtue of which information may be obtained in any manner, shall be construed-
	(a) as making it unlawful to engage in any conduct of that description which is not otherwise unlawful under this Act and would not be unlawful apart from this Act;
	(b) as otherwise requiring-
	(i) the issue, grant or giving of such a warrant, authorisation or notice, or
	(ii) the taking of any step for or towards obtaining the authority of such a warrant, authorisation or notice,
	before any such conduct of that description is engaged in; or
	(c) as prejudicing any power to obtain information by any means not involving conduct that may be authorised under this Act.
General interpretation.	71. - (1) In this Act-
	"apparatus" includes any equipment, machinery or device and any wire or cable;
	"civil proceedings" means any proceedings in or before any court or tribunal that are not criminal proceedings;
	"communication" includes-
	(a) (except in the definition of "postal service" in section 2(1)) anything transmitted by means of a postal service;
	(b) anything comprising speech, music, sounds, visual images or data of any description; and
	(c) signals serving either for the impartation of anything between persons, between a person and a thing or between things or for the actuation or control of any apparatus;
	"criminal", in relation to any proceedings or prosecution, shall be construed in accordance with subsection (4);
	"customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979;
	"document" includes a map, plan, design, drawing, picture or other image;
	"enactment" includes-
	(a) an enactment passed after the passing of this Act; and
	(b) an enactment contained in Northern Ireland legislation;
	"GCHQ" has the same meaning as in the Intelligence Services Act 1994;
	"Her Majesty's forces" has the same meaning as in the Army Act 1955;
	"intelligence service" means the Security Service, the Secret Intelligence Service or GCHQ;
	"the Intelligence Services Act Commissioner" means the Commissioner appointed under section 8 of the Intelligence Services Act 1994;
	"interception" and cognate expressions shall be construed (so far as it is applicable) in accordance with section 2;
	"interception warrant" means a warrant under section 5;
	"legal proceedings" means civil or criminal proceedings in or before any court or tribunal;
	"modification" includes alterations, additions and omissions, and cognate expressions shall be construed accordingly;
	"ordinary Surveillance Commissioner" means a Surveillance Commissioner other than the Chief Surveillance Commissioner;
	"person" includes any organisation and any association or combination of persons;
	"police force" means (subject to section 45(7)) any of the following-
	(a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
	(b) the metropolitan police force;
	(c) the City of London police force;
	(d) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967
	(e) the Royal Ulster Constabulary;
	(f) the Ministry of Defence Police;
	(g) the Royal Navy Regulating Branch;
	(h) the Royal Military Police;
	(i) the Royal Air Force Police;
	(j) the British Transport Police;
	"postal service" and "public postal service" have the meanings given by section 2(1);
	"private telecommunication system", "public telecommunications service" and "public telecommunication system" have the meanings given by section 2(1);
	"public authority" means any public authority within the meaning of section 6 of the Human Rights Act 1998 (acts of public authorities) other than a court or tribunal;
	"the Security Service Act Commissioner" means the Commissioner appointed under section 4 of the Security Service Act 1989;
	"senior official" means, subject to subsection (6), a member of the Senior Civil Service;
	"statutory", in relation to any power or duty, means conferred or imposed by or under any enactment or subordinate legislation;
	"subordinate legislation" means any subordinate legislation (within the meaning of the Interpretation Act 1978) or any statutory rules (within the meaning of the Statutory Rules (Northern Ireland) Order 1979);
	"Surveillance Commissioner" means a Commissioner holding office under section 91 of the Police Act 1997 and "Chief Surveillance Commissioner" shall be construed accordingly;
	"telecommunication system" and "telecommunications service" have the meanings given by section 2(1);
	"the Tribunal" means the tribunal established under section 56;
	"wireless telegraphy" has the same meaning as in the Wireless Telegraphy Act 1949 and, in relation to wireless telegraphy, "interfere" has the same meaning as in that Act;
	"working day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
	(2) In this Act-
	(a) references to crime are references to conduct which constitutes one or more criminal offences or is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom would constitute one or more criminal offences; and
	(b) references to serious crime are references to crime that satisfies the test in subsection (3)(a) or (b).
	(3) Those tests are-
	(a) that the offence or one of the offences that is or would be constituted by the conduct is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more;
	(b) that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.
	(4) In this Act "criminal proceedings" includes-
	(a) proceedings in the United Kingdom or elsewhere before-
	(i) a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957; or
	(ii) a disciplinary court constituted under section 50 of the Act of 1957;
	(b) proceedings before the Courts-Martial Appeal Court; and
	(c) proceedings before a Standing Civilian Court;
	and references in this Act to criminal prosecutions shall be construed accordingly.
	(5) In this Act-
	(a) references to a person holding office under the Crown include references to any servant of the Crown and to any member of Her Majesty's forces; and
	(b) references to a member of a police force, in relation to the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police, do not include references to any member of that Branch or Force who is not for the time being attached to or serving either with the Branch or Force of which he is a member or with another of those police forces.
	(6) If it appears to the Secretary of State that it is necessary to do so in consequence of any changes to the structure or grading of the civil service, he may by order make such amendments of the definition of "senior official" in subsection (1) as appear to him appropriate to preserve, so far as practicable, the effect of that definition.
Amendments, repeals and savings etc.	72. - (1) The enactments specified in Schedule 3 (amendments consequential on the provisions of this Act) shall have effect with the amendments set out in that Schedule.
	(2) The enactments mentioned in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.
	(3) For the avoidance of doubt it is hereby declared that nothing in this Act (except paragraphs 1 and 2 of Schedule 3) affects any power conferred on the Post Office by or under any enactment to open, detain or delay any postal packet or to deliver any such packet to a person other than the person to whom it is addressed.
	(4) Where any warrant under the Interception of Communications Act 1985 is in force under that Act at the time when the repeal by this Act of section 2 of that Act comes into force, the conduct authorised by that warrant shall be deemed for the period which-
	(a) begins with that time, and
	(b) ends with the time when that warrant would (without being renewed) have ceased to have effect under that Act,
	as if it were conduct authorised by an interception warrant issued in accordance with the requirements of Chapter I of Part I of this Act.
	(5) In relation to any such warrant, any certificate issued for the purposes of section 3(2) of the Interception of Communications Act 1985 shall have effect in relation to that period as if it were a certificate issued for the purposes of section 8(3) of this Act.
	(6) Sections 14 and 15 of this Act shall have effect as if references to interception warrants and to section 8(3) certificates included references, respectively, to warrants under section 2 of the Interception of Communications Act 1985 and to certificates under section 3(2) of that Act; and references in sections 14 and 15 of this Act to intercepted or certified material shall be construed accordingly.
Short title, commencement and extent.	73. - (1) This Act may be cited as the Regulation of Investigatory Powers Act 2000.
	(2) The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.
	(3) Part II of this Act does not extend to Scotland except so far as it makes provision for, or in relation to, the authorisation of any conduct in Scotland-
	(a) in a case in which the authorisation is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;
	(b) in a case in which the authorisation is granted or renewed by or on the application of a member or official of any of the public authorities specified in subsection (4);
	(c) in a case in which the conduct is the conduct of a member or official of any of the public authorities specified in subsection (4) or the conduct of an individual acting as a covert human intelligence source for the benefit of any such public authority.
	(4) The public authorities referred to in subsection (3) are-
	(a) each of the intelligence services;
	(b) Her Majesty's forces;
	(c) the Ministry of Defence;
	(d) the Ministry of Defence Police;
	(e) any public authority specified by the Secretary of State for the purposes of section 29;
	(f) any public authority designated by the Secretary of State for the purposes of section 39.
	(5) This Act extends to Northern Ireland.

	S C H E D U L E S
	SCHEDULE 1
	PERSONS HAVING THE APPROPRIATE PERMISSION
	Requirement that appropriate permission is granted by a judge
	1. - (1) Subject to the following provisions of this Schedule, a person has the appropriate permission in relation to any protected information if, and only if, written permission for the giving of section 46 notices in relation to that information has been granted-
	(a) in England and Wales, by a Circuit judge;
	(b) in Scotland, by a sheriff; or
	(c) in Northern Ireland, by a county court judge.
	(2) Nothing in paragraphs 2 to 5 of this Schedule providing for the manner in which a person may be granted the appropriate permission in relation to any protected information without a grant under this paragraph shall be construed as requiring any further permission to be obtained in a case in which permission has been granted under this paragraph.
	Data obtained under warrant etc.
	2. - (1) This paragraph applies in the case of protected information falling within section 46(1)(a), (b) or (c) where the statutory power in question is one exercised, or to be exercised, in accordance with-
	(a) a warrant issued by the Secretary of State or a person holding judicial office; or
	(b) an authorisation under Part III of the Police Act 1997 (authorisation of otherwise unlawful action in respect of property).
	(2) Subject to sub-paragraphs (3) to (5) and paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if-
	(a) the warrant or, as the case may be, the authorisation contained the relevant authority's permission for the giving of section 46 notices in relation to protected information to be obtained under the warrant or authorisation; or
	(b) since the issue of the warrant or authorisation, written permission has been granted by the relevant authority for the giving of such notices in relation to protected information obtained under the warrant or authorisation.
	(3) Only persons holding office under the Crown, the police and customs and excise shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by the Secretary of State.
	(4) Only a person who-
	(a) was entitled to exercise the power conferred by the warrant, or
	(b) is of the description of persons on whom the power conferred by the warrant was, or could have been, conferred,
	shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under a warrant issued by a person holding judicial office.
	(5) Only the police and the customs and excise shall be capable of having the appropriate permission in relation to protected information obtained, or to be obtained, under an authorisation under Part III of the Police Act 1997.
	(6) In this paragraph "the relevant authority"-
	(a) in relation to a warrant issued by the Secretary of State, means the Secretary of State;
	(b) in relation to a warrant issued by a person holding judicial office, means any person holding any judicial office that would have entitled him to issue the warrant; and
	(c) in relation to protected information obtained under an authorisation under Part III of the Police Act 1997, means (subject to sub-paragraph (7)) an authorising officer within the meaning of section 93 of that Act.
	(7) Section 94 of the Police Act 1997 (power of other persons to grant authorisations in urgent cases) shall apply in relation to-
	(a) an application for permission for the giving of section 46 notices in relation to protected information obtained, or to be obtained, under an authorisation under Part III of that Act, and
	(b) the powers of any authorising officer (within the meaning of section 93 of that Act) to grant such a permission,
	as it applies in relation to an application for an authorisation under section 93 of that Act and the powers of such an officer under that section.
	(8) References in this paragraph to a person holding judicial office are references to-
	(a) any judge of the Crown Court or of the High Court of Justiciary;
	(b) any sheriff;
	(c) any justice of the peace;
	(d) any resident magistrate in Northern Ireland; or
	(e) any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge of the Crown Court or of a justice of the peace.
	(9) Protected information that comes into a person's possession by means of the exercise of any statutory power which-
	(a) is exercisable without a warrant, but
	(b) is so exercisable in the course of, or in connection with, the exercise of another statutory power for which a warrant is required,
	shall not be taken, by reason only of the warrant required for the exercise of the power mentioned in paragraph (b), to be information in the case of which this paragraph applies.
	Data obtained by the intelligence services under statute but without a warrant
	3. - (1) This paragraph applies in the case of protected information falling within section 46(1)(a), (b) or (c) which-
	(a) has come into the possession of any of the intelligence services or is likely to do so; and
	(b) is not information in the case of which paragraph 2 applies.
	(2) Subject to paragraph 6(1), a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if written permission for the giving of section 46 notices in relation to that information has been granted by the Secretary of State.
	(3) Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both-
	(a) one or more of the intelligence services, and
	(b) a public authority which is not one of the intelligence services,
	as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services.
	Data obtained under statute by other persons but without a warrant
	4. - (1) This paragraph applies-
	(a) in the case of protected information falling within section 46(1)(a), (b) or (c) which is not information in the case of which paragraph 2 or 3 applies; and
	(b) in the case of protected information falling within section 46(1)(d) which is not information also falling within section 46(1)(a), (b) or (c) in the case of which paragraph 3 applies.
	(2) Subject to paragraph 6, where-
	(a) the statutory power was exercised, or is likely to be exercised, by the police, the customs and excise or a member of Her Majesty's forces, or
	(b) the information was provided or disclosed, or is likely to be provided or disclosed, to the police, the customs and excise or a member of Her Majesty's forces, or
	(c) the information is in the possession of, or is likely to come into the possession of, the police, the customs and excise or a member of Her Majesty's forces,
	the police, the customs and excise or, as the case may be, members of Her Majesty's forces have the appropriate permission in relation to the protected information, without any grant of permission under paragraph 1.
	(3) In any other case a person shall not have the appropriate permission by virtue of a grant of permission under paragraph 1 unless he is a person falling within sub-paragraph (4).
	(4) A person falls within this sub-paragraph if, as the case may be-
	(a) he is the person who exercised the statutory power or is of the description of persons who would have been entitled to exercise it;
	(b) he is the person to whom the protected information was provided or disclosed, or is of a description of person the provision or disclosure of the information to whom would have discharged the statutory duty; or
	(c) he is a person who is likely to be a person falling within paragraph (a) or (b) when the power is exercised or the protected information provided or disclosed.
	Data obtained without the exercise of statutory powers
	5. - (1) This paragraph applies in the case of protected information falling within section 46(1)(e).
	(2) Subject to paragraph 6, a person has the appropriate permission in relation to that protected information (without any grant of permission under paragraph 1) if-
	(a) the information is in the possession of any of the intelligence services, or is likely to come into the possession of any of those services; and
	(b) written permission for the giving of section 46 notices in relation to that information has been granted by the Secretary of State.
	(3) Sub-paragraph (2) applies where the protected information is in the possession, or (as the case may be) is likely to come into the possession, of both-
	(a) one or more of the intelligence services, and
	(b) the police or the customs and excise,
	as if a grant of permission under paragraph 1 were unnecessary only where the application to the Secretary of State for permission under that sub-paragraph is made by or on behalf of a member of one of the intelligence services.
	General requirements relating to the appropriate permission
	6. - (1) A person does not have the appropriate permission in relation to any protected information unless he is either-
	(a) a person who has the protected information in his possession or is likely to obtain possession of it; or
	(b) a person who is authorised (apart from this Act) to act on behalf of such a person.
	(2) Subject to sub-paragraph (3), a constable does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless-
	(a) he is of or above the rank of superintendent; or
	(b) permission to give a section 46 notice in relation to that information has been granted by a person holding the rank of superintendent, or any higher rank.
	(3) In the case of protected information that has come into the police's possession by means of the exercise of powers conferred by-
	(a) section 42 of the Terrorism Act 2000 (power to stop and search), or
	(b) section 13A or 13B of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which had effect for similar purposes before the coming into force of section 42 of the Terrorism Act 2000),
	the permission required by sub-paragraph (2) shall not be granted by any person below the rank mentioned in section 42(4) of that Act of 2000 or, as the case may be, section 13A(1) of that Act of 1989.
	(4) A person commissioned by the Commissioners of Customs and Excise does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 46 notice in relation to that information has been granted-
	(a) by those Commissioners themselves; or
	(b) by an officer of their department of or above such level as they may designate for the purposes of this sub-paragraph.
	(5) A member of Her Majesty's forces does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless-
	(a) he is of or above the rank of lieutenant colonel or its equivalent; or
	(b) permission to give a section 46 notice in relation to that information has been granted by a person holding the rank of lieutenant colonel or its equivalent, or by a person holding a rank higher than lieutenant colonel or its equivalent.
	Duration of permission
	7. - (1) A permission granted by any person under any provision of this Schedule shall not entitle any person to give a section 46 notice at any time after the permission has ceased to have effect.
	(2) Such a permission, once granted, shall continue to have effect (notwithstanding the cancellation, expiry or other discharge of any warrant or authorisation in which it is contained or to which it relates) until such time (if any) as it-
	(a) expires in accordance with any limitation on its duration that was contained in its terms; or
	(b) is withdrawn by the person who granted it or by a person holding any office or other position that would have entitled him to grant it.
	Formalities for permissions granted by the Secretary of State
	8. A permission for the purposes of any provision of this Schedule shall not be granted by the Secretary of State except-
	(a) under his hand; or
	(b) in an urgent case in which the Secretary of State has expressly authorised the grant of the permission, under the hand of a senior official.