Part 5Equipment interference
Supplementary provision
I1133Section 132: meaning of “excepted disclosure”
1
For the purposes of section 132, a disclosure made in relation to a warrant is an excepted disclosure if it falls within any of the Heads set out in—
a
subsection (2) (disclosures authorised by warrant etc.);
b
subsection (3) (oversight bodies);
c
subsection (4) (legal proceedings);
d
subsection (6) (disclosures of a general nature).
2
Head 1 is—
a
a disclosure authorised by the warrant;
b
a disclosure authorised by the person to whom the warrant is or was addressed or under any arrangements made by that person for the purposes of this section;
c
a disclosure authorised by the terms of any requirement to provide assistance in giving effect to the warrant (including any requirement for disclosure imposed by virtue of section 126(4)).
3
Head 2 is—
a
a disclosure made to, or authorised by, a Judicial Commissioner;
b
F3ba
a disclosure made to the Service Police Complaints Commissioner for the purposes of facilitating the carrying out of any of the Commissioner’s functions;
c
a disclosure made to the Intelligence and Security Committee of Parliament for the purposes of facilitating the carrying out of any of its functions.
4
Head 3 is—
a
a disclosure made—
i
in contemplation of, or in connection with, any legal proceedings, and
ii
for the purposes of those proceedings;
b
a disclosure made—
i
by a professional legal adviser (“L”) to L's client or a representative of L's client, or
ii
by L's client, or by a representative of L's client, to L,
in connection with the giving, by L to L's client, of advice about the effect of the provisions of this Part.
5
But a disclosure within Head 3 is not an excepted disclosure if it is made with the intention of furthering a criminal purpose.
6
Head 4 is—
a
a disclosure which—
i
is made by a telecommunications operator in accordance with a requirement imposed by regulations made by the Secretary of State, and
ii
consists of statistical information of a description specified in the regulations;
b
a disclosure of information that does not relate to any particular warrant under this Part but relates to such warrants in general.