Part 1Offences

Increases of penalties

I115Maximum penalty for contravening notice relating to encrypted information

1

In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence of contravening disclosure requirement)—

a

in paragraph (a) of subsection (5), for “two years” substitute “ the appropriate maximum term ”; and

b

after that subsection insert the subsections set out in subsection (2).

2

The inserted subsections are—

5A

In subsection (5) ‘the appropriate maximum term’ means—

a

in a national security case, five years; and

b

in any other case, two years.

5B

In subsection (5A) ‘a national security case’ means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary in the interests of national security.

3

This section does not apply to offences committed before the commencement of this section.