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Interception of Communications Act 1985

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This is the original version (as it was originally enacted).

2Warrants for interception

(1)Subject to the provisions of this section and section 3 below, the Secretary of State may issue a warrant requiring the person to whom it is addressed to intercept, in the course of their transmission by post or by means of a public telecommunication system, such communications as are described in the warrant; and such a warrant may also require the person to whom it is addressed to disclose the intercepted material to such persons and in such manner as are described in the warrant.

(2)The Secretary of State shall not issue a warrant under this section unless he considers that the warrant is necessary—

(a)in the interests of national security ;

(b)for the purpose of preventing or detecting serious crime ; or

(c)for the purpose of safeguarding the economic well-being of the United Kingdom.

(3)The matters to be taken into account in considering whether a warrant is necessary as mentioned in subsection (2) above shall include whether the information which it is considered necessary to acquire could reasonably be acquired by other means.

(4)A warrant shall not be considered necessary as mentioned in subsection (2)(c) above unless the information which it is considered necessary to acquire is information relating to the acts or intentions of persons outside the British Islands.

(5)References in the following provisions of this Act to a warrant are references to a warrant under this section.

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