Textual Amendments
F1Pt. 1 Ch. 1 omitted (12.3.2018 for the omission of ss. 12, 13, 14(2)(c), 27.6.2018 for the omission of ss. 1 (for specified purposes), 3, 4, 17, 18, 19, 8.8.2018 for the omission of ss. 6, 9 for specified purposes, 26.9.2018 for the omission of s. 1 so far as not already in force, 7.11.2018 for the omission of ss. 6 (so far as not already in force), 7, 9 (for specified purposes), 27.12.2018 in so far as not already in force) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 45 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(n) (with reg. 3); S.I. 2018/652, regs. 13, 14(c) (with regs. 15(4), 16, 19(1)(6)); S.I. 2018/940, regs. 3(h), 4(a), 5(f)
(1)Conduct by any person consisting in the interception of a communication is authorised by this section if the communication is one which F2. . . is both—
(a)a communication sent by a person who has consented to the interception; and
(b)a communication the intended recipient of which has so consented.
(2)Conduct by any person consisting in the interception of a communication is authorised by this section if—
(a)the communication is one sent by, or intended for, a person who has consented to the interception; and
(b)surveillance by means of that interception has been authorised under Part II.
(3)Conduct consisting in the interception of a communication is authorised by this section if—
(a)it is conduct by or on behalf of a person who provides a postal service or a telecommunications service; and
(b)it takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.
[F3(3B)Conduct consisting in the interception of a communication in the course of its transmission by means of a public postal service is authorised by this section if it is conduct under paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls).]
(4)Conduct by any person consisting in the interception of a communication in the course of its transmission by means of wireless telegraphy is authorised by this section if it takes place—
(a)with the authority of a designated person under [F4section 48 of the Wireless Telegraphy Act 2006 (interception and disclosure of wireless telegraphy messages)] ; and
(b)for purposes connected with anything falling within subsection (5).
(5)Each of the following falls within this subsection—
[F5(a)the grant of wireless telegraphy licences under the Wireless Telegraphy Act 2006;]
(b)the prevention or detection of anything which constitutes interference with wireless telegraphy; and
(c)the enforcement of
[F6(i)any provision of Part 2 (other than Chapter 2 and sections 27 to 31) or Part 3 of that Act, or
(ii)any enactment not falling within sub-paragraph (i)]
that relates to such interference.
Textual Amendments
F2Words in s. 3(1) repealed (17.6.2011) by The Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011 (S.I. 2011/1340), regs. 1(2), 3
F3S. 3(3B) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 8 para. 2
F4Words in s. 3(4)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(2)
F5S. 3(5)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(a)
F6Words in s. 3(5)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 22(3)(b)