Summary and Background
Interception of Communications and the Acquisition and Disclosure of Communications Data
Surveillance and Covert Human Intelligence Sources
Investigation of Electronic Data Protected by Encryption
Scrutiny of Investigatory Powers and Codes of Practice
Miscellaneous and Supplemental
Commentary on Sections
Section 1: Unlawful and authorised interception
“Private telecommunication system” is defined in Section 2(1).
There is an exception for conduct with “lawful authority”, as to which see subsection (5). For territorial limitation, see section 2(4).)
"International mutual assistance agreement" is defined in Section 20
Section 2: Meaning and location of “interception”
“Wireless telegraphy” and “apparatus” are defined in Section 81.
For “while being transmitted”, see subsection (7).
Section 3: Lawful interception without an interception warrant
Section 4: Power to provide for lawful interception
For “prison”, see subsection (9).
“High security psychiatric service” and “hospital premises” are defined in subsection (8)
Section 5: Interception with a warrant
For “addressed" see section 7(3)
“Interception” is described in Section 2.
“Postal service” and “telecommunications system” are defined in Section 2(1).
“Serious crime” is defined in section 81(2) and (3)
"Detecting crime" is defined in section 81(5)
Section 6: Application for issue of interception warrants
Section 7: Issue of warrants
“Senior official” is defined in Section 81(1).
“International mutual assistance agreement” is defined in Section 20.
Section 8: Contents of warrant
“Person” is defined in Section 81(1).
“Communication” is defined in section 81(1).
“External communications” is defined in Section 20.
Section 9: Duration, cancellation and renewal of warrants.
“Relevant period” is defined in subsection (6).
“Working day” is defined in section 81(1).
Section 10: Modification of warrants and certificates
"Working day" is defined in Section 81(1).
Section 11: Implementation of warrants
For “provide assistance”, see subsection (9).
Section 12: Maintenance of interception capability
Section 13: Technical Advisory Board
Section 14: Grants for interception costs
Section 15: General safeguards
“Copy” is defined in subsection (8).
Section 16: Extra safeguards in the case of certificated warrants
Section 17: Exclusion of matters from legal proceedings
Section 18: Exceptions to section 17
“Relevant offence” is explained in subsection (12).
“Relevant judge” is explained in subsection (11).
Section 19: Offence for unauthorised disclosures
Section 21: Lawful acquisition and disclosure of communications data
“Relevant enactment” is defined in subsection (5)
Section 22: Obtaining and disclosing communications data.
Section 23: Form and duration of authorisations and notices
Section 24: Arrangements for payments
Section 25: Interpretation of Chapter II
Part Ii: Surveillance and Covert Human Intelligence Sources
Section 26: Conduct to which Part II applies
Authorisation of surveillance and human intelligence sources
Section 27: Lawful surveillance
Section 31: Orders under section 30 for Northern Ireland
Section 32: Authorisation of intrusive surveillance
Police and customs authorisations
Section 33: Rules for grant of authorisations
Section 34: Grant of authorisations for intrusive surveillance in the senior officer's absence
Section 35:Notification of authorisations for intrusive surveillance
Section 36: Approval required for authorisations for intrusive surveillance to take effect
Section 37: Quashing of police and customs authorisations for intrusive surveillance
Section 38: Appeals against decisions by Surveillance Commissioners
Section 39: Appeals to the Chief Surveillance Commissioner: supplementary
Section 41: Secretary of State authorisations
Section 42: Intelligence services authorisations
Grant, renewal and duration of authorisations
Section 43: General rules about grant, renewal and duration
Section 44: Special rules for intelligence services authorisations
Section 45: Cancellation of authorisations
Section 46: Restrictions on authorisations extending to Scotland
Supplemental provision for Part II
Section 47: Power to extend or modify authorisation provisions
Section 48: Interpretation of Part II
Part Iii: Investigation of Electronic Data Protected by Encryption Etc
Section 49: Notices requiring disclosure
Intelligible is defined in section 56(3)
Senior officer is defined in section 49(10)
Section 50: Effect of notice imposing disclosure requirement
Relevant time is defined in section 50(10)
Section 51: Cases in which key required
Section 52: Arrangements for payments for disclosure
Section 53: Failure to comply with a notice
Section 54: Tipping-off
Section 55: General duties of specified authorities
Section 56: Interpretation of Part III
Part Iv: Scrutiny Etc of Investigatory Powers and of the Functions of the Intelligence Services
Section 57: Interception of Communications Commissioner
Section 58: Cooperation with and reports by s. 57 Commissioner
Section 59: Intelligence Services Commissioner
Section 61: Investigatory powers Commissioner for Northern Ireland
Section 62: Additional functions of Chief Surveillance Commissioner
Section 63: Assistant Surveillance Commissioners
Section 64: Delegation of Commissioners’ functions
Section 65: The Tribunal
Section 66: Orders allocating proceedings to the Tribunal
Section 67: Exercise of the Tribunal’s jurisdiction
Section 68: Tribunal procedure
Section 69: Tribunal rules
Section 70: Abolition of jurisdiction in relation to complaints
Section 71: Issue and revision of Codes of Practice
Section 72: Effect of Codes of Practice
Part V: Miscellaneous and Supplemental
Section 73: Conduct in relation to Wireless Telegraphy
“Designated person” is defined in the inserted section 5(12)
Section 74: Warrants under the Intelligence Services Act 1994
Section 75: Authorisations under Part III of the Police Act 1997
Section 76: Surveillance operations beginning in Scotland
Section 79: Criminal liability of directors
Section 80: General saving for lawful conduct
Schedule 1: Relevant Public Authorities
Schedule 2: Persons Having the Appropriate Permission
Paragraph 1: Requirement that appropriate permission is granted by a judge
Paragraph 2: Data obtained under warrant
Paragraph 3: Data obtained by the intelligence services under statute but without a warrant
Paragraph 4: Data obtained under statute by other persons but without a warrant
Paragraph 5: Data obtained without the exercise of statutory powers
Paragraph 6: General requirements relating to the appropriate permission
Paragraph 7: Duration of permission
Paragraph 8: Formalities for permissions granted by the Secretary of State
Schedule 3: The Tribunal
Paragraph 1: Membership of the Tribunal
“‘High Judicial Office’ means any of the following offices; that is to say
‘Superior courts of Great Britain and Ireland’ means and includes
As to Scotland, the Court of Session.”
Paragraph 2: President and Vice-President
Paragraph 3: Members of the Tribunal with special responsibilities
Paragraph 4: Salaries and expenses
Paragraph 5: Officers
Paragraph 6: Parliamentary disqualification
Paragraph 8: The Police Act 1997 (c.50)
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