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The Regulation of Investigatory Powers (Maintenance of Interception Capability) Order 2002
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- 2002 No. 1931
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
Part I of the Regulation of Investigatory Powers Act 2000 (“the 2000 Act”) contains provisions about the interception of communications transmitted by means of public postal service or a public telecommunications service. Interception is permitted under the 2000 Act by certain public authorities who obtain an interception warrant. This Order sets out the obligations which it appears to the Secretary of State reasonable to impose on the providers of public postal services or a public telecommunications services (“service providers”) for the purpose of securing that it is and remains practicable for requirements to provide assistance in relation to interception warrants to be imposed and complied with.
These obligations are set out in the Schedule to the Order. The obligations in Part I of the Schedule relate only to persons who provide, or propose to provide, a public postal service. The obligations in Part II of the Schedule relate only to persons who offer, provide, or propose to provide a public telecommunications service to more than 10,000 persons in any one or more parts of the United Kingdom, other than service providers who only provide a public telecommunications service in relation to the provision of banking, insurance, investment or other financial services.
Article 3 enables the Secretary of State to ensure compliance with the obligations by providing that he may give a service provider a notice requiring it to take the steps described in the notice. The notice may only contain steps which appear to the Secretary of State necessary for securing that that service provider has the practical capability of meeting those obligations set out in the Schedule which apply to that service provider.
Article 4 specifies the period within which a person served with a notice may refer it to the Technical Advisory Board.
This Order was notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.
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