Explanatory Notes

Terrorism Act 2006

2006 CHAPTER 11

30 March 2006

Commentary

Definitions

Section 15 – Maximum penalty for contravening notice relating to encrypted information

77.Section 15 amends section 53 of the Regulation of Investigatory Powers Act 2000. Part 3 of the Regulation of Investigatory Powers Act 2000 provides a power to enable properly authorised persons (such as members of the law enforcement, security and intelligence agencies) to serve notices on persons requiring the disclosure of protected (e.g. encrypted) information in an intelligible form. Section 53 sets out the penalties for failing to make the disclosure required by the notice. Subsection (1)increases the maximum penalty for conviction on indictment of contravening a notice issued on national security grounds from two to five years’ imprisonment.