(1)The following provisions of this section apply for the interpretation of this Act.
(2)A person secures access to any program or data held in a computer if by causing a computer to perform any function he—
(a)alters or erases the program or data;
(b)copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held;
(c)uses it; or
(d)has it output from the computer in which it is held (whether by having it displayed or in any other manner);
(3)For the purposes of subsection (2)(c) above a person uses a program if the function he causes the computer to perform—
(a)causes the program to be executed; or
(b)is itself a function of the program.
(4)For the purposes of subsection (2)(d) above—
(a)a program is output if the instructions of which it consists are output; and
(b)the form in which any such instructions or any other data is output (and in particular whether or not it represents a form in which, in the case of instructions, they are capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial.
(5)Access of any kind by any person to any program or data held in a computer is unauthorised if—
(a)he is not himself entitled to control access of the kind in question to the program or data; and
(b)he does not have consent to access by him of the kind in question to the program or data from any person who is so entitled [F2but this subsection is subject to section 10.]
(6)References to any program or data held in a computer include references to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium.
(7)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(8)An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)—
(a)is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and
(b)does not have consent to the act from any such person.
In this subsection “act” includes a series of acts.]
F4(9)References to the home country concerned shall be read in accordance with section 4(6) above.
(10)References to a program include references to part of a program.
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