[28th July 2000]

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:-
 

• (a) a public postal service; or

• (b) a public telecommunication system.

• (a) intentionally and without lawful authority, and

• (b) otherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection,

• (a) an interception of that communication in the course of its transmission by means of that private system; or

• (b) an interception of that communication in the course of its transmission, by means of a public telecommunication system, to or from apparatus comprised in that private telecommunication system.

• (a) relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

• (b) requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

• (c) is designated for the purposes of this subsection by an order made by the Secretary of State,

• (a) it is authorised by or under section 3 or 4;

• (b) it takes place in accordance with a warrant under section 5 ("an interception warrant"); or

• (c) it is in exercise, in relation to any stored communication, of any statutory power that is exercised (apart from this section) for the purpose of obtaining information or of taking possession of any document or other property;

• (a) he is a person with a right to control the operation or the use of the system; or

• (b) he has the express or implied consent of such a person to make the interception.

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

• (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;

• (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

• "postal service" means any service which-

• • (a) consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; and

• • (b) is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;

• "private telecommunication system" means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied-

• • (a) it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; and

• • (b) there is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;

• "public postal service" means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;

• "public telecommunications service" means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;

• "public telecommunication system" means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;

• "telecommunications service" means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service); and

• "telecommunication system" means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.

• (a) so modifies or interferes with the system, or its operation,

• (b) so monitors transmissions made by means of the system, or

• (c) so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,

• (a) intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or

• (b) intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.

• (a) any conduct that takes place in relation only to so much of the communication as consists in any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or

• (b) any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying traffic data so comprised or attached.

• (a) any part of the system; or

• (b) any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.

• (a) any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,

• (b) any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,

• (c) any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and

• (d) any data identifying the data or other data as data comprised in or attached to a particular communication,

• (a) references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and

• (b) references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;

• (a) a communication sent by a person who has consented to the interception; and

• (b) a communication the intended recipient of which has so consented.

• (a) the communication is one sent by, or intended for, a person who has consented to the interception; and

• (b) surveillance by means of that interception has been authorised under Part II.

• (a) it is conduct by or on behalf of a person who provides a postal service or a telecommunications service; and

• (b) it takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.

• (a) with the authority of a designated person under 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).

• (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.

• (a) the interception is carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom;

• (b) the interception relates to the use of a telecommunications service provided to persons in that country or territory which is either-

• • (i) a public telecommunications service; or

• • (ii) a telecommunications service that would be a public telecommunications service if the persons to whom it is offered or provided were members of the public in a part of the United Kingdom;

• (c) the person who provides that service (whether the interceptor or another person) is required by the law of that country or territory to carry out, secure or facilitate the interception in question;

• (d) the situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; and

• (e) the conditions so prescribed are satisfied in relation to that situation.

• (a) communications by means of which transactions are entered into in the course of that business; or

• (b) other communications relating to that business or taking place in the course of its being carried on.

• "government department" includes any part of the Scottish Administration, a Northern Ireland department and 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

• "state hospital" has the same meaning as in the National Health Service (Scotland) Act 1978.

• (a) any prison, young offender institution, young offenders centre 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,

• (a) the interception in the course of their transmission by means of a postal service or telecommunication system of the communications described in the warrant;

• (b) the making, in accordance with an international mutual assistance agreement, of a request for the provision of such assistance in connection with, or in the form of, an interception of communications as may be so described;

• (c) the provision, in accordance with an international mutual assistance agreement, to the competent authorities of a country or territory outside the United Kingdom of any such assistance in connection with, or in the form of, an interception of communications as may be so described;

• (d) the disclosure, in such manner as may be so described, of intercepted material obtained by any interception authorised or required by the warrant, and of related communications data.

• (a) that the warrant is necessary on grounds falling within subsection (3); and

• (b) that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting serious crime;

• (c) for the purpose of safeguarding the economic well-being of the United Kingdom; or

• (d) for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.

• (a) all such conduct (including the interception of communications not identified by the warrant) as it is necessary to undertake in order to do what is expressly authorised or required by the warrant;

• (b) conduct for obtaining related communications data; and

• (c) conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance with giving effect to the warrant.

• (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) the Chief of Defence Intelligence;

• (j) a person who, for the purposes of any international mutual assistance agreement, is the competent authority of a country or territory outside the United Kingdom.

• (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.

• (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.

• (a) must be addressed to the person falling within section 6(2) by whom, or on whose behalf, the application for the warrant was made; and

• (b) in the case of a warrant issued under the hand of a senior official, must contain, according to whatever is applicable-

• • (i) one of the statements set out in subsection (4); and

• • (ii) if it contains the statement set out in subsection (4)(b), one of the statements set out in subsection (5).

• (a) a statement that the case is an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant;

• (b) a statement that the warrant is issued for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom.

• (a) a statement that the interception subject appears to be outside the United Kingdom;

• (b) a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.

• (a) one person as the interception subject; or

• (b) a single set of premises as the premises in relation to which the interception to which the warrant relates is to take place.

• (a) communications from, or intended for, the person named or described in the warrant in accordance with subsection (1); or

• (b) communications originating on, or intended for transmission to, the premises so named or described.

• (a) the description of communications to which the warrant relates confines the conduct authorised or required by the warrant to conduct falling within subsection (5); and

• (b) at the time of the issue of the warrant, a certificate applicable to the warrant has been issued by the Secretary of State certifying-

• • (i) the descriptions of intercepted material the examination of which he considers necessary; and

• • (ii) that he considers the examination of material of those descriptions necessary as mentioned in section 5(3)(a), (b) or (c).

• (a) the interception of external communications in the course of their transmission by means of a telecommunication system; and

• (b) any conduct authorised in relation to any such interception by section 5(6).

• (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.

• (a) the warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed by an instrument containing the statement set out in subsection (5)(b)(i) of this section, and

• (b) the latest renewal (if any) of the warrant is not a renewal by an instrument under the hand of the Secretary of State,

• (a) a statement that the renewal is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom; and

• (b) whichever of the following statements is applicable-

• • (i) a statement that the interception subject appears to be outside the United Kingdom;

• • (ii) a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.

• (a) in relation to an unrenewed warrant issued in a case falling within section 7(2)(a) under the hand of a senior official, means the period ending with the fifth working day following the day of the warrant's issue;

• (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.

• (a) modify the provisions of an interception warrant; or

• (b) modify a section 8(4) certificate so as to include in the certified material any material the examination of which he considers to be necessary as mentioned in section 5(3)(a), (b) or (c).

• (a) the Secretary of State has himself expressly authorised the modification; and

• (b) a statement of that fact is endorsed on the modifying instrument.

• (a) the person to whom the warrant is addressed, or

• (b) any person holding a position subordinate to that person,

• (a) the official in question holds a position in respect of which he is expressly authorised by provisions contained in the certificate to modify the certificate on the Secretary of State's behalf; or

• (b) the Secretary of State has himself expressly authorised the modification and a statement of that fact is endorsed on the modifying instrument.

• (a) the person to whom the warrant is addressed; or

• (b) a person holding any such position subordinate to that person as may be identified in the provisions of the warrant.

• (a) a warrant or certificate is modified by an instrument under the hand of a person other than the Secretary of State, 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),

• (a) the scheduled parts of an interception warrant are any provisions of the warrant that are contained in a schedule of identifying factors comprised in the warrant for the purposes of section 8(2); and

• (b) the modifications that are modifications of the scheduled parts of an interception warrant include the insertion of an additional such schedule in the warrant;

• (a) by the person to whom it is addressed; or

• (b) by that person acting through, or together with, such other persons as he may require (whether under subsection (2) or otherwise) to provide him with assistance with giving effect to the warrant.

• (a) serve a copy of the warrant on such persons as he considers may be able to provide such assistance; or

• (b) make arrangements under which a copy of it is to be or may be so served.

• (a) by the person to whom the warrant is addressed, or

• (b) by the arrangements made by him for the purposes of that subsection,

• (a) a person who provides a postal service,

• (b) a person who provides a public telecommunications service, or

• (c) a person not falling within paragraph (b) who has control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom,

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

• (a) are providing public postal services or public telecommunications services, or

• (b) are proposing to do so,

• (a) the means by which he provides a service which is not a telecommunications service; or

• (b) necessarily incidental to the provision by him of a service which is not a telecommunications service.

• (a) there shall be no requirement for that person to comply, except in pursuance of a notice under paragraph (c)(ii), with any obligations imposed by the notice;

• (b) the Board shall consider the technical requirements and the financial consequences, for the person making the reference, of the notice referred to them and shall report their conclusions on those matters to that person and to the Secretary of State; and

• (c) the Secretary of State, after considering any report of the Board relating to the notice, may either-

• • (i) withdraw the notice; or

• • (ii) give a further notice under subsection (2) confirming its effect, with or without modifications.

• (a) such persons appearing to him to be likely to be subject to the obligations for which it provides,

• (b) the Technical Advisory Board,

• (c) such persons representing persons falling within paragraph (a), and

• (d) such persons with statutory functions in relation to persons falling within that paragraph,

• (a) with respect to the disclosure of intercepted material;

• (b) for the purpose of ensuring that security and confidentiality are maintained in relation to, and to matters connected with, the provision of any such assistance; and

• (c) for the purpose of facilitating the carrying out of any functions in relation to this Chapter of the Interception of Communications Commissioner;

• (a) in relation to a person providing a public postal service, means an interception warrant relating to the interception of communications in the course of their transmission by means of that service; and

• (b) in relation to a person providing a public telecommunications service, means an interception warrant relating to the interception of communications in the course of their transmission by means of a telecommunication system used for the purposes of that service.

• (a) that the membership of the Technical Advisory Board includes persons likely effectively to represent the interests of the persons on whom obligations may be imposed under section 12;

• (b) that the membership of the Board includes persons likely effectively to represent the interests of the persons by or on whose behalf applications for interception warrants may be made;

• (c) that such other persons (if any) as the Secretary of State thinks fit may be appointed to be members of the Board; and

• (d) that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).

• (a) a postal service, or

• (b) a telecommunications service,

• (a) in relation to a person providing a postal service, the issue of interception warrants relating to communications transmitted by means of that postal service;

• (b) in relation to a person providing a telecommunications service, the issue of interception warrants relating to communications transmitted by means of a telecommunication system used for the purposes of that service;

• (c) in relation to each description of person, the imposition on that person of obligations provided for by an order under section 12.

• (a) that the requirements of subsections (2) and (3) are satisfied in relation to the intercepted material and any related communications data; and

• (b) in the case of warrants in relation to which there are section 8(4) certificates, that the requirements of section 16 are also satisfied.

• (a) the number of persons to whom any of the material or data is disclosed or otherwise made available,

• (b) the extent to which any of the material or data is disclosed or otherwise made available,

• (c) the extent to which any of the material or data is copied, and

• (d) the number of copies that are made,

• (a) it continues to be, or is likely to become, necessary as mentioned in section 5(3);

• (b) it is necessary for facilitating the carrying out of any of the functions under this Chapter of the Secretary of State;

• (c) it is necessary for facilitating the carrying out of any functions in relation to this Part of the Interception of Communications Commissioner or of the Tribunal;

• (d) it is necessary to ensure that a person conducting a criminal prosecution has the information he needs to determine what is required of him by his duty to secure the fairness of the prosecution; or

• (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.

• (a) shall not be required to secure that the requirements of subsections (2) and (3) are satisfied in so far as they relate to any of the intercepted material or related communications data, or any copy of any such material or data, possession of which has been surrendered to any authorities of a country or territory outside the United Kingdom; but

• (b) shall be required to secure, in the case of every such warrant, that possession of the intercepted material and data and of copies of the material or data is surrendered to authorities of a country or territory outside the United Kingdom only if the requirements of subsection (7) are satisfied.

• (a) that requirements corresponding to those of subsections (2) and (3) will apply, to such extent (if any) as the Secretary of State thinks fit, in relation to any of the intercepted material or related communications data possession of which, or of any copy of which, is surrendered to the authorities in question; and

• (b) that restrictions are in force which would prevent, to such extent (if any) as the Secretary of State thinks fit, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in such a disclosure as, by virtue of section 17, could not be made in the United Kingdom.

• (a) any copy, extract or summary of the material or data which identifies itself as the product of an interception, and

• (b) any record referring to an interception which is a record of the identities of the persons to or by whom the intercepted material was sent, or to whom the communications data relates,

• (a) has been certified as material the examination of which is necessary as mentioned in section 5(3)(a), (b) or (c); and

• (b) falls within subsection (2).

• (a) is referable to an individual who is known to be for the time being in the British Islands; and

• (b) has as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him.

• (a) it is certified by the Secretary of State for the purposes of section 8(4) that the examination of material selected according to factors referable to the individual in question is necessary as mentioned in subsection 5(3)(a), (b) or (c); and

• (b) the material relates only to communications sent during a period of not more than three months specified in the certificate.

• (a) the person to whom the warrant is addressed believes, on reasonable grounds, that the circumstances are such that the material would fall within that subsection; or

• (b) the conditions set out in subsection (5) below are satisfied in relation to the selection of the material.

• (a) it has appeared to the person to whom the warrant is addressed that there has been such a relevant change of circumstances as, but for subsection (4)(b), would prevent the intercepted material from falling within subsection (2);

• (b) since it first so appeared, a written authorisation to read, look at or listen to the material has been given by a senior official; and

• (c) the selection is made before the end of the first working day after the day on which it first so appeared to that person.

• (a) that the individual in question has entered the British Islands; or

• (b) that a belief by the person to whom the warrant is addressed in the individual's presence outside the British Islands was in fact mistaken.

• (a) discloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; or

• (b) tends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or be going to occur.

• (a) conduct by a person falling within subsection (3) that was or would be an offence under section 1(1) or (2) of this Act or under section 1 of the 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.

• (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.

• (a) any proceedings for a relevant offence;

• (b) any civil proceedings under section 11(8);

• (c) any proceedings before the Tribunal;

• (d) any proceedings on an appeal or review for which provision is made by an order under section 67(8);

• (e) any proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; or

• (f) any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.

• (a) in the case of any proceedings falling within paragraph (e), to-

• • (i) the appellant to the Special Immigration Appeals Commission; or

• • (ii) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the Special Immigration Appeals Commission Act 1997) represents that appellant;

• or

• (b) in the case of proceedings falling within paragraph (f), to-

• • (i) the applicant to the Proscribed Organisations Appeal Commission;

• • (ii) the organisation concerned (if different);

• • (iii) any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or

• • (iv) any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.

• (a) a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; 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.

• (a) a relevant judge does order a disclosure under subsection (7)(b), and

• (b) in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,

• (a) any judge of the High Court or of the Crown Court or any Circuit judge;

• (b) any judge of the High Court of Justiciary or any sheriff;

• (c) 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).

• (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 17(1)(b) of this Act;

• (h) perjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;

• (i) attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and

• (j) contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.

• (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.

• (a) the existence and contents of the warrant and of any section 8(4) certificate in relation to the warrant;

• (b) the details of the issue of the warrant and of any renewal or modification of the warrant or of any such certificate;

• (c) the existence and contents of any requirement to provide assistance with giving effect to the warrant;

• (d) the steps taken in pursuance of the warrant or of any such requirement; and

• (e) everything in the intercepted material, together with any related communications data.

• (a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

• (a) the disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Chapter; and

• (b) the person to whom or, as the case may be, by whom it was made was the client or a representative of the client.

• (a) in contemplation of, or in connection with, any legal proceedings; and

• (b) for the purposes of those proceedings.

• (a) by that Commissioner;

• (b) by the warrant or the person to whom the warrant is or was addressed;

• (c) by the terms of the requirement to provide assistance; or

• (d) by section 11(9).

• "certified", in relation to a section 8(4) certificate, means of a description certified by the certificate as a description of material the examination of which the Secretary of State considers necessary;

• "external communication" means a communication sent or received outside the British Islands;

• "intercepted material", in relation to an interception warrant, means the contents of any communications intercepted by an interception to which the warrant relates;

• "the interception subject", in relation to an interception warrant, means the person about whose communications information is sought by the interception to which the warrant relates;

• "international mutual assistance agreement" means an international agreement designated for the purposes of section 1(4);

• "related communications data", in relation to a communication intercepted in the course of its transmission by means of a postal service or telecommunication system, means so much of any communications data (within the meaning of Chapter II of this Part) as-

• • (a) is obtained by, or in connection with, the interception; and

• • (b) relates to the communication or to the sender or recipient, or intended recipient, of the communication;

• "section 8(4) certificate" means any certificate issued for the purposes of section 8(4).

• (a) any conduct in relation to a postal service or telecommunication system for obtaining communications data, other than conduct consisting in the interception of communications in the course of their transmission by means of such a service or system; and

• (b) the disclosure to any person of communications data.

• (a) it is conduct in which any person is authorised or required to engage by an authorisation or notice granted or given under this Chapter; and

• (b) the conduct is in accordance with, or in pursuance of, the authorisation or requirement.

• (a) is incidental to any conduct that is lawful by virtue of subsection (2); and

• (b) is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

• (a) any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted;

• (b) any information which includes none of the contents of a communication (apart from any information falling within paragraph (a)) and is about the use made by any person-

• • (i) of any postal service or telecommunications service; or

• • (ii) in connection with the provision to or use by any person of any telecommunications service, of any part of a telecommunication system;

• (c) any information not falling within paragraph (a) or (b) that is held or obtained, in relation to persons to whom he provides the service, by a person providing a postal service or telecommunications service.

• (a) an enactment contained in this Act;

• (b) section 5 of the 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).

• (a) any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,

• (b) any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,

• (c) any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and

• (d) any data identifying the data or other data as data comprised in or attached to a particular communication,

• (a) references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and

• (b) references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting crime or of preventing disorder;

• (c) in the interests of the economic well-being of the United Kingdom;

• (d) in the interests of public safety;

• (e) for the purpose of protecting public health;

• (f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department;

• (g) for the purpose, in an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health; or

• (h) for any purpose (not falling within paragraphs (a) to (g)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

• (a) if the operator is not already in possession of the data, to obtain the data; and

• (b) in any case, to disclose all of the data in his possession or subsequently obtained by him.

• (a) must be granted in writing or (if not in writing) in a manner that produces a record of its having been granted;

• (b) must describe the conduct to which this Chapter applies that is authorised and the communications data in relation to which it is authorised;

• (c) must specify the matters falling within section 22(2) by reference to which it is granted; and

• (d) must specify the office, rank or position held by the person granting the authorisation.

• (a) must be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;

• (b) must describe the communications data to be obtained or disclosed under the notice;

• (c) must specify the matters falling within section 22(2) by reference to which the notice is given;

• (d) must specify the office, rank or position held by the person giving it; and

• (e) must specify the manner in which any disclosure required by the notice is to be made.

• (a) the person giving the notice; or

• (b) such other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice;

• (a) shall not authorise or require any data to be obtained after the end of the period of one month beginning with the date on which the authorisation is granted or the notice given; and

• (b) in the case of a notice, shall not authorise or require any disclosure after the end of that period of any data not in the possession of, or obtained by, the postal or telecommunications operator at a time during that period.

• (a) that it is no longer necessary on grounds falling within subsection (2) of that section for the requirements of the notice to be complied with, or

• (b) that the conduct required by the notice is no longer proportionate to what is sought to be achieved by obtaining communications data to which the notice relates,

• "communications data" has the meaning given by section 21(4);

• "designated" shall be construed in accordance with subsection (2);

• "postal or telecommunications operator" means a person who provides a postal service or telecommunications service;

• "relevant public authority" means (subject to subsection (4)) any of the following-

• • (a) a police force;

• • (b) the National Criminal Intelligence Service;

• • (c) the National Crime Squad;

• • (d) the Commissioners of Customs and Excise;

• • (e) the Commissioners of Inland Revenue;

• • (f) any of the intelligence services;

• • (g) any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.

• (a) on the authorisations and notices under this Chapter that may be granted or given by any individual holding an office, rank or position with a specified public authority; and

• (b) on the circumstances in which, or the purposes for which, such authorisations may be granted or notices given by any such individual.

• (a) directed surveillance;

• (b) intrusive surveillance; and

• (c) the conduct and use of covert human intelligence sources.

• (a) for the purposes of a specific investigation or a specific operation;

• (b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and

• (c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.

• (a) is carried out in relation to anything taking place on any residential premises or in any private vehicle; and

• (b) involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.

• (a) it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle; or

• (b) it is surveillance consisting in any such interception of a communication as falls within section 48(4).

• (a) is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle, but

• (b) is carried out without that device being present on the premises or in the vehicle,

• (a) is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of section 1 of the Wireless Telegraphy Act 1949), and

• (b) is carried out from outside those premises exclusively for that purpose,

• (a) references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (8), or is incidental to anything falling within any of those paragraphs; and

• (b) references to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.

• (a) he establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);

• (b) he covertly uses such a relationship to obtain information or to provide access to any information to another person; or

• (c) he covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

• (a) surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;

• (b) a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; and

• (c) a relationship is used covertly, and information obtained as mentioned in subsection (8)(c) is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.

• (a) an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and

• (b) his conduct is in accordance with the authorisation.

• (a) is incidental to any conduct that is lawful by virtue of subsection (1); and

• (b) is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

• (a) an enactment contained in this Act;

• (b) section 5 of the 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).

• (a) that the authorisation is necessary on grounds falling within subsection (3); and

• (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting crime or of preventing disorder;

• (c) in the interests of the economic well-being of the United Kingdom;

• (d) in the interests of public safety;

• (e) for the purpose of protecting public health;

• (f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

• (g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

• (a) consists in the carrying out of directed surveillance of any such description as is specified in the authorisation; and

• (b) is carried out in the circumstances described in the authorisation and for the purposes of the investigation or operation specified or described in the authorisation.

• (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) and such other requirements as may be imposed by order made by the Secretary of State.

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting crime or of preventing disorder;

• (c) in the interests of the economic well-being of the United Kingdom;

• (d) in the interests of public safety;

• (e) for the purpose of protecting public health;

• (f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

• (g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

• (a) is comprised in any such activities involving conduct of a covert human intelligence source, or the use of a covert human intelligence source, as are specified or described in the authorisation;

• (b) consists in conduct by or in relation to the person who is so specified or described as the person to whose actions as a covert human intelligence source the authorisation relates; and

• (c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

• (a) that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have day-to-day responsibility for dealing with the source on behalf of that authority, and for the source's security and welfare;

• (b) that there will at all times be another person holding an office, rank or position with the relevant investigating authority who will have general oversight of the use made of the source;

• (c) that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have responsibility for maintaining a record of the use made of the source;

• (d) that the records relating to the source that are maintained by the relevant investigating authority will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

• (e) that records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

• (a) prohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; and

• (b) impose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.

• (a) an authorisation under section 28 or 29, and

• (b) an authorisation by the Secretary of State for the carrying out of intrusive surveillance,

• (a) on the authorisations under sections 28 and 29 that may be granted by any individual holding an office, rank or position with a specified public authority; and

• (b) on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.

• (a) in relation to section 28 if it is specified in Part I or II of Schedule 1; and

• (b) in relation to section 29 if it is specified in Part I of that Schedule.

• (a) adding a public authority to Part I or II of that Schedule;

• (b) removing a public authority from that Schedule;

• (c) moving a public authority from one Part of that Schedule to the other;

• (d) making any change consequential on any change in the name of a public authority specified in that Schedule.

• (a) adding any public authority to Part I or II of that Schedule, or

• (b) moving any public authority from Part II to Part I of that Schedule,

• (a) the Food Standards Agency;

• (b) the Intervention Board for Agricultural Produce;

• (c) an authority added to Schedule 1 by an order made by that Office;

• (d) an authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.

• (a) shall not include power to make any provision dealing with an excepted matter;

• (b) shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.

• (a) adding any public authority to Part I or II of Schedule 1, or

• (b) moving any public authority from Part II to Part I of that Schedule,

• (a) make different provision for different cases;

• (b) contain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.

• (a) that the authorisation is necessary on grounds falling within subsection (3); and

• (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

• (a) in the interests of national security;

• (b) for the purpose of preventing or detecting serious crime; or

• (c) in the interests of the economic well-being of the United Kingdom.

• (a) consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;

• (b) is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and

• (c) is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

• (a) the chief constable of every police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

• (b) the Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;

• (c) the Commissioner of Police for the City of London;

• (d) the chief constable of every police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (police forces for areas in Scotland);

• (e) the Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;

• (f) the Chief Constable of the Ministry of Defence Police;

• (g) the Provost Marshal of the Royal Navy Regulating Branch;

• (h) the Provost Marshal of the Royal Military Police;

• (i) the Provost Marshal of the Royal Air Force Police;

• (j) the Chief Constable of the British Transport Police;

• (k) the Director General of the National Criminal Intelligence Service;

• (l) 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

• (m) any customs officer designated for the purposes of this paragraph by the Commissioners of Customs and Excise.

• (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.

• (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;

• (a) the area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force, of the City of London police force or of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 is the area for which that force is maintained;

• (b) the area of operation of the Royal Ulster Constabulary is Northern Ireland;

• (c) residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the 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;

• (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.

• (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.

• (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,

• (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 a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;

• (e) a person is entitled to act for the Chief Constable of the Royal Ulster Constabulary, or for the Deputy Chief Constable of the Royal Ulster Constabulary, if he holds the rank of assistant chief constable in the Royal Ulster Constabulary;

• (f) a person is entitled to act for the Chief Constable of the Ministry of Defence Police if he holds the rank of deputy or assistant chief constable in that force;

• (g) 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;

• (h) a person is entitled to act for the Provost Marshal of the Royal Military Police or the Provost Marshal of the Royal Air Force Police if he holds the position of deputy Provost Marshal in the police force in question;

• (i) a person is entitled to act for the Chief Constable of the British Transport Police if he holds the rank of deputy or assistant chief constable in that force;

• (j) 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;

• (k) 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;

• (l) a person is entitled to act for a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise, if he is designated for the purposes of this paragraph by those Commissioners as a person entitled so to act in an urgent case.

• (a) in relation to a chief constable, means a person holding the rank of assistant chief constable who is designated to act under section 12(4) of the Police Act 1996 or section 5(4) of the Police (Scotland) Act 1967;

• (b) in relation to the Commissioner of Police for the City of London, means a person authorised to act under section 25 of the City of London Police Act 1839;

• (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 designated to act under section 8 or, as the case may be, section 54 of the Police Act 1997.

• (a) must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;

• (b) must be given in accordance with any such arrangements made for the purposes of this paragraph by the Chief Surveillance Commissioner as are for the time being in force; and

• (c) must specify such matters as the Secretary of State may by order prescribe.

• (a) state that the approval of a Surveillance Commissioner is required by section 36 before the grant of the authorisation will take effect; or

• (b) state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.

• (a) scrutinise the authorisation; and

• (b) in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.

• (a) the order's ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and

• (b) in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (a) a person who is a senior authorising officer by reference to a police force, 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 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b).

• (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.

• (a) the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and

• (b) written notice of the Commissioner's decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.

• (a) believes that the case is one of urgency, and

• (b) gives notice in accordance with section 35(3)(b),

• (a) a Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and

• (b) a Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.

• (a) where the authorisation was granted by the senior authorising officer with any police force who is not someone's deputy, that senior authorising officer;

• (b) where the authorisation was granted by the Director General of the 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 34(4)(j), 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 32(6)(l) or 34(4)(k), that Director General;

• (f) where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone's deputy; 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.

• (a) in relation to-

• • (i) a chief constable of a police force maintained under section 2 of the Police Act 1996,

• • (ii) the Commissioner of Police for the City of London, or

• • (iii) a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,

• to his designated deputy;

• (b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and

• (c) in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;

• (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.

• (a) an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and

• (b) an ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,

• (a) to the most senior relevant person (within the meaning of section 36); and

• (b) to the Chief Surveillance Commissioner.

• (a) the period for appealing against the decision to make the order has expired; and

• (b) any appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.

• (a) any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;

• (b) any decision of such a Commissioner to quash or cancel such an authorisation;

• (c) any decision of such a Commissioner to make an order under section 37 for the destruction of records.

• (a) he is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and

• (b) he is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.

• (a) is satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, but

• (b) considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,

• (a) the person by whom the appeal was brought; and

• (b) the ordinary Surveillance Commissioner whose decision was appealed against.

• (a) to the persons mentioned in subsection (1); and

• (b) to the Prime Minister.

• (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

• (d) every customs officer,

• (a) a member of any of the intelligence services;

• (b) an official of the Ministry of Defence;

• (c) a member of Her Majesty's forces;

• (d) an individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance.

• (a) the interests of national security; and

• (b) the purpose of preventing or detecting serious crime.

• (a) on the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; and

• (b) on the circumstances in which, or the purposes for which, such authorisations may be granted on such an application.

• (a) an authorisation under this Part; and

• (b) an intelligence services warrant;

• (a) the application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; and

• (b) the carrying out, in connection with any such matter, of any conduct authorised by such an authorisation.

• (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.

• (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.

• (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.

• (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.

• (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.

• (a) in the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted;

• (b) in the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; and

• (c) in the case of any grant or renewal that takes effect under subsection (2) of section 36 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection.

• (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,

• (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,

• (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,

• (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.

• (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 32(3)(a) or (c),

• (a) an authorisation for the carrying out of intrusive surveillance, and

• (b) an authorisation for the carrying out of directed surveillance,

• (a) he is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; or

• (b) in the case of an authorisation under section 29, he is satisfied that arrangements for the source's case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist.

• (a) by a person entitled to act for any other person, or

• (b) by the deputy of any other person,

• (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).

• • (i) a chief constable of a police force maintained under section 2 of the Police Act 1996,

• • (ii) the Commissioner of Police for the City of London, or

• • (iii) a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,

• to his designated deputy;

• (b) in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis;

• (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 32(6)(l) or to his designated deputy.

• (b) that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.

• (2) In relation to any authorisation, this Part is the relevant statutory provision for all parts of the United Kingdom in so far as it- (a) 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) is granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3);

• (c) authorises conduct of a person holding an office, rank or position with any of the public authorities so specified;

• (d) authorises conduct of an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified; or

• (e) authorises conduct that is surveillance by virtue of section 48(4).

• (a) each of the intelligence services;

• (b) Her Majesty's forces;

• (c) the Ministry of Defence;

• (d) the Ministry of Defence Police;

• (e) the Commissioners of Customs and Excise; and

• (f) the British Transport Police.

• (a) the fact that it is a public authority for the time being specified in Schedule 1, or

• (b) an order under subsection (1)(d) of section 41 designating that authority for the purposes of that section,

• (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.

• "covert human intelligence source" shall be construed in accordance with section 26(8);

• "directed" and "intrusive", in relation to surveillance, shall be construed in accordance with section 26(2) to (6);

• "private vehicle" means (subject to subsection (7)(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 (7)(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 32 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.

• (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.

• (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).

• (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.

• (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.

• "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.

• (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 22(3) or under Part II, or as a result of the giving of a notice under section 22(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.

• (a) that a key to the protected information is in the possession of any person,

• (b) that the imposition of a disclosure requirement in respect of the protected information is-

• • (i) necessary on grounds falling within subsection (3), or

• • (ii) necessary for the purpose of securing the effective exercise or proper 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 it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section,

• (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.

• (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 protected information to which the notice relates;

• (c) must specify the matters falling within subsection (2)(b)(i) or (ii) 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 office, rank or position of the person who for the purposes of Schedule 2 granted permission for the giving of the notice or (if the person giving the notice was entitled to give it without another person's permission) must set out the circumstances in which that entitlement arose;

• (f) must specify the time by which the notice is to be complied with; and

• (g) must set out the disclosure that is required by the notice and the form and manner in which it is to be made;

• (a) that more than one person is in possession of the key to any protected information,

• (b) that any of those persons is in possession of that key in his capacity as an officer or employee of any body corporate, and

• (c) that another of those persons is the body corporate itself or another officer or employee of the body corporate,

• (6) Where it appears to a person with the appropriate permission- (a) that more than one person is in possession of the key to any protected information,

• (b) that any of those persons is in possession of that key in his capacity as an employee of a firm, and

• (c) that another of those persons is the firm itself or a partner of the firm,

• (7) Subsections (5) and (6) shall not apply to the extent that there are special circumstances of the case that mean that the purposes for which the notice is given would be defeated, in whole or in part, if the notice were given to the person to whom it would otherwise be required to be given by those subsections.

• (b) such other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice.

• (b) has not in fact been used for any other purpose.

• (a) shall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; and

• (b) shall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form.

• (b) that disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.

• (a) that person is not in possession of the information,

• (b) that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligible form, or

• (c) the notice states, in pursuance of a direction under section 51, that it can be complied with only by the disclosure of a key to the information,

• (a) is entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 49 notice; and

• (b) is in possession of more than one key to that information.

• (a) subsection (5) allows the person given notice to comply with a requirement without disclosing all of the keys in his possession, and

• (b) there are different keys, or combinations of keys, in the possession of that person the disclosure of which would, under that subsection, constitute compliance,

• (a) that person has been in possession of the key to that information but is no longer in possession of it,

• (b) if he had continued to have the key in his possession, he would have been required by virtue of the giving of the notice to disclose it, and

• (c) he is in possession, at a relevant time, of information to which subsection (9) applies,

• (a) the person who for the purposes of Schedule 2 granted the permission for the giving of the 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,

• (a) in the case of a direction by the police or by a member of Her Majesty's forces who is a member of a police force, except by or with the permission of a chief officer of police;

• (b) in the case of a direction by the customs and excise, except by or with the permission of the Commissioners of Customs and Excise; or

• (c) in the case of a direction by a member of Her Majesty's forces who is not a member of a police force, except by or with the permission of a person of or above the rank of brigadier or its equivalent.

• (a) that there are special circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or in part, if the direction were not given; and

• (b) 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.

• (b) any adverse effect that the giving of the direction might have on a business carried on by the person on whom the disclosure requirement is imposed.

• • (i) by a member of Her Majesty's forces who is not a member of a police force, and

• • (ii) otherwise than in connection with activities of members of Her Majesty's forces in Northern Ireland,

• to the Intelligences Services Commissioner; and

• (b) in any other case, to the Chief Surveillance Commissioner.

• (b) may be given either in writing or by being transmitted to the Commissioner in question by electronic means.

• (a) sufficient evidence of that fact is adduced to raise an issue with respect to it; and

• (b) the contrary is not proved beyond a reasonable doubt.

• (a) that it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 49 notice before the time by which he was required, in accordance with that notice, to make it; but

• (b) that he did make that disclosure as soon after that time as it was reasonably practicable for him to do so.

• (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.

• (a) the person to whom the notice is given, and

• (b) every other person who becomes aware of it or of its contents,

• (a) it is included with the consent of the person who for the purposes of Schedule 2 granted the permission for the giving of the notice; or

• (b) the person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.

• (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,

• (a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

• (a) the disclosure was 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.

• (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.

• (a) in contemplation of, or in connection with, any legal proceedings; and

• (b) for the purposes of those proceedings.

• (a) by such a Commissioner;

• (b) by the terms of the notice;

• (c) by or on behalf of the person who gave the notice; or

• (d) by or on behalf of a person who-

• • (i) is in lawful possession of the protected information to which the notice relates; and

• • (ii) came into possession of that information as mentioned in section 49(1).

• (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 49 notices.

• (a) that a key disclosed in pursuance of a section 49 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 49 notice;

• (e) that, for the purpose of ensuring that those requirements are satisfied, any key so disclosed is stored, for so long as it is retained, in a secure manner;

• (f) 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.

• (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,

• (a) any breach by a person to whom this section applies of the duty imposed on him by subsection (2), or

• (b) any contravention by any person whatever of arrangements made in pursuance of that subsection in relation to persons under the control of a person to whom this section applies,

• (a) a person who has made a disclosure in pursuance of a section 49 notice; or

• (b) a person whose protected information or key has been disclosed in pursuance of such a notice;

• (a) information belongs to a person if he has any right that would be infringed by an unauthorised disclosure of the information; and

• (b) a key belongs to a person if it is a key to information that belongs to him or he has any right that would be infringed by an unauthorised disclosure of the key.

• "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;

• "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 49 notice" means a notice under section 49;

• "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.

• (a) to its being in the possession of a person who is under his control so far as that information is concerned;

• (b) to his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him; and

• (c) 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.

• (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.

• (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 15, and

• • (ii) so far as applicable to information obtained under Part I, the duties imposed by section 55,

• are sought to be discharged.

• (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.

• (a) make such technical facilities available to the Commissioner, and

• (b) subject to the approval of the Treasury as to numbers, provide the Commissioner with such staff,

• (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.

• (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 22(3) has been granted,

• (h) every person to whom a notice under section 22(4) has been given,

• (i) every person to whom a notice under section 49 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),

• (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,

• (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,

• (a) the exercise by the Secretary of State of his powers under sections 5 to 7 of the Intelligence Services Act 1994 (warrants for interference with wireless telegraphy, entry and interference with property etc.);

• (b) the exercise and performance by the Secretary of State, in connection with or in relation to-

• • (i) the activities of the intelligence services, and

• • (ii) the activities in places other than Northern Ireland of the 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 of this Act;

• (c) the exercise and performance by members of the intelligence services of the powers and duties conferred or imposed on them by or under Parts II and III of this Act;

• (d) 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

• (e) the adequacy of the arrangements by virtue of which the duty imposed by section 55 is sought to be discharged-

• • (i) in relation to the members of the intelligence services; 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.

• (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.

• (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.

• (a) every member of an intelligence service,

• (b) every official of the department of the Secretary of State, and

• (c) every member of Her Majesty's forces,

• (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,

• (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.

• (a) every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,

• (b) every person who has engaged in conduct with the authority of such an authorisation,

• (c) every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and

• (d) every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,

• (a) the prevention or detection of serious crime, or

• (b) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

• (a) in any capacity in which he is or was the holder of a high judicial office (within the meaning of the Appellate Jurisdiction Act 1876); or

• (b) as a county court judge.

• (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 55 are sought to be discharged in relation to persons whose conduct is subject to review under paragraph (b).

• (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.

• (a) a judge of the Crown Court or a Circuit judge;

• (b) a sheriff in Scotland; or

• (c) a county court judge in Northern Ireland.

• (a) require any ordinary Surveillance Commissioner or any Assistant Surveillance Commissioner to provide him with assistance in carrying out his functions under section 62(1); or

• (b) require any Assistant Surveillance Commissioner to provide him with assistance in carrying out his equivalent functions under any Act of the Scottish Parliament in relation to any provisions of such an Act that are equivalent to those of Part II of this Act.

• (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.

• (a) to be the only 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 17, 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.

• (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;

• (c) they are proceedings brought by virtue of section 55(4); or

• (d) they are proceedings relating to the taking place in any challengeable circumstances of any conduct falling within subsection (5).

• (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.

• (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 applies;

• (d) conduct to which Part II applies;

• (e) the giving of a notice under section 49 or any disclosure or use of a key to protected information;

• (f) any entry on or interference with property or any interference with wireless telegraphy.

• (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;

• (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;

• (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 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by that Part;

• (d) a permission for the purposes of Schedule 2 to this Act;

• (e) a notice under section 49 of this Act; or

• (f) an authorisation under section 93 of the Police Act 1997.

• (a) references to a key and to protected information shall be construed in accordance with section 56;

• (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 of any disclosure in an intelligible form (within the meaning of section 56) of protected information by a person who is or has been in possession of the key to that information;

• (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.

• (a) may 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.

• (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.

• (a) to hear and determine any proceedings brought before them by virtue of section 65(2)(a) or (d); and

• (b) to consider and determine any complaint or reference made to them by virtue of section 65(2)(b) or (c).

• (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 65(5);

• (b) to investigate the authority (if any) for any conduct falling within section 65(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.

• (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.

• (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 69 in relation to proceedings before the Tribunal, or to complaints or references made to the Tribunal.

• (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,

• (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.

• (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.

• (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,

• (a) to exercise the jurisdiction conferred on them by or under section 65; or

• (b) otherwise to exercise or perform any power or duty conferred or imposed on them by or under this Act.

• (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 22(3) has been granted;

• (h) every person to whom a notice under section 22(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;