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Regulation of Investigatory Powers Act 2000

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This is the original version (as it was originally enacted).

11Implementation of warrants

(1)Effect may be given to an interception warrant either—

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

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

(2)For the purpose of requiring any person to provide assistance in relation to an interception warrant the person to whom it is addressed may—

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

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

(3)The copy of an interception warrant that is served on any person under subsection (2) may, to the extent authorised—

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

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

omit any one or more of the schedules to the warrant.

(4)Where a copy of an interception warrant has been served by or on behalf of the person to whom it is addressed on—

(a)a person who provides a postal service,

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

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

it shall (subject to subsection (5)) be the duty of that person to take all such steps for giving effect to the warrant as are notified to him by or on behalf of the person to whom the warrant is addressed.

(5)A person who is under a duty by virtue of subsection (4) to take steps for giving effect to a warrant shall not be required to take any steps which it is not reasonably practicable for him to take.

(6)For the purposes of subsection (5) the steps which it is reasonably practicable for a person to take in a case in which obligations have been imposed on him by or under section 12 shall include every step which it would have been reasonably practicable for him to take had he complied with all the obligations so imposed on him.

(7)A person who knowingly fails to comply with his duty under subsection (4) shall be guilty of an offence and liable—

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

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

(8)A person’s duty under subsection (4) to take steps for giving effect to a warrant shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the [1988 c. 36.] Court of Session Act 1988, or for any other appropriate relief.

(9)For the purposes of this Act the provision of assistance with giving effect to an interception warrant includes any disclosure to the person to whom the warrant is addressed, or to persons acting on his behalf, of intercepted material obtained by any interception authorised or required by the warrant, and of any related communications data.

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