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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

255Further provision about notices under section 252 or 253
This section has no associated Explanatory Notes

(1)In this section “relevant notice” means—

(a)a national security notice under section 252, or

(b)a technical capability notice under section 253.

(2)Before giving a relevant notice to a person, the Secretary of State must consult that person.

(3)Before giving a relevant notice, the Secretary of State must, among other matters, take into account—

(a)the likely benefits of the notice,

(b)the likely number of users (if known) of any postal or telecommunications service to which the notice relates,

(c)the technical feasibility of complying with the notice,

(d)the likely cost of complying with the notice, and

(e)any other effect of the notice on the person (or description of person) to whom it relates.

(4)In the case of a technical capability notice that would impose any obligations relating to the removal by a person of electronic protection applied by or on behalf of that person to any communications or data, in complying with subsection (3) the Secretary of State must in particular take into account the technical feasibility, and likely cost, of complying with those obligations.

(5)A relevant notice must be in writing.

(6)A technical capability notice may be given to a person outside the United Kingdom in any of the following ways (as well as by electronic or other means of giving a notice)—

(a)by delivering it to the person’s principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities;

(b)if the person has specified an address in the United Kingdom as one at which the person, or someone on the person’s behalf, will accept documents of the same description as a notice, by delivering it to that address.

(7)The Secretary of State may by regulations make further provision about the giving of relevant notices.

(8)A person to whom a relevant notice is given, or any person employed or engaged for the purposes of that person’s business, must not disclose the existence or contents of the notice to any other person without the permission of the Secretary of State.

(9)A person to whom a relevant notice is given must comply with the notice.

(10)The duty imposed by subsection (9) is enforceable—

(a)in relation to a person in the United Kingdom, and

(b)so far as relating to a technical capability notice within subsection (11), in relation to a person outside the United Kingdom,

by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or for any other appropriate relief.

(11)A technical capability notice is within this subsection if it relates to any of the following—

(a)a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2;

(b)a bulk interception warrant;

(c)an authorisation or notice given under Part 3.

(12)Subsection (9) applies to a person to whom a national security notice is given despite any other duty imposed on the person by or under Part 1, or Chapter 1 of Part 2, of the Communications Act 2003.

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