(1)This section applies where a person designated for the purposes of this Chapter believes that it is necessary on grounds falling within subsection (2) to obtain any communications data.
(2)It is necessary on grounds falling within this subsection to obtain communications data if it is necessary—
(a)in the interests of national security;
(b)for the purpose of preventing or detecting crime or of preventing disorder;
(c)in the interests of the economic well-being of the United Kingdom;
(d)in the interests of public safety;
(e)for the purpose of protecting public health;
(f)for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department;
(g)for the purpose, in an emergency, of preventing death or injury or any damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health; or
(h)for any purpose (not falling within paragraphs (a) to (g)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
(3)Subject to subsection (5), the designated person may grant an authorisation for persons holding offices, ranks or positions with the same relevant public authority as the designated person to engage in any conduct to which this Chapter applies.
[F1(3A)Subsection (3B) applies if—
(a)a person is the designated person by reference to an office, rank or position with a police force; and
(b)the chief officer of police of that force has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces.
(3B)The designated person may grant an authorisation for persons holding offices, ranks or positions with a collaborative force to engage in any conduct to which this Chapter applies.
(3C)For the purposes of subsection (3B) a police force is a collaborative force if—
(a)its chief officer of police is a party to the agreement mentioned in subsection (3A)(b); and
(b)the persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be granted authorisations by the designated person.
(3D)A reference in subsections (3A) to (3C) to a police force is to the following—
(a)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(b)the metropolitan police force; and
(c)the City of London police force.
(3E)Subsection (3F) applies if—
(a)a person is the designated person by reference to an office, rank or position with a Scottish police force; and
(b)the chief constable of that force has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.
(3F)The designated person may grant an authorisation for persons holding offices, ranks or positions with a collaborative force to engage in any conduct to which this Chapter applies.
(3G)For the purposes of subsection (3F) a Scottish police force is a collaborative force if—
(a)its chief constable is a party to the agreement mentioned in subsection (3E)(b); and
(b)the persons holding offices, ranks or positions with it are permitted by the terms of the agreement to be granted authorisations by the designated person.
(3H)A reference in subsections (3E) to (3G) to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.
(3I)Subsections (3B) and (3F) are subject to subsection (5).]
(4)Subject to subsection (5), where it appears to the designated person that a postal or telecommunications operator is or may be in possession of, or be capable of obtaining, any communications data, the designated person may, by notice to the postal or telecommunications operator, require the operator—
(a)if the operator is not already in possession of the data, to obtain the data; and
(b)in any case, to disclose all of the data in his possession or subsequently obtained by him.
(5)The designated person shall not grant an authorisation under subsection (3) [F2, (3B) or (3F)], or give a notice under subsection (4), unless he believes that obtaining the data in question by the conduct authorised or required by the authorisation or notice is proportionate to what is sought to be achieved by so obtaining the data.
(6)It shall [F3, subject to section 23A,] be the duty of the postal or telecommunications operator to comply with the requirements of any notice given to him under subsection (4).
(7)A person who is under a duty by virtue of subsection (6) shall not be required to do anything in pursuance of that duty which it is not reasonably practicable for him to do.
(8)The duty imposed by subsection (6) 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 M1Court of Session Act 1988, or for any other appropriate relief.
(9)The Secretary of State shall not make an order under subsection (2)(h) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1S. 22(3A)-(3I) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. {7(2)}, 116; S.I. 2009/3096, art. 3(b)
F2Words in s. 22(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 13; S.I. 2009/3096, art. 3(v)
F3Words in s. 22(6) inserted (1.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 7 (with s. 97); S.I. 2012/2075, art. 4(d)
Marginal Citations