Part 3

Authorisations for obtaining communications data

Further and supplementary provision

Extra-territorial application of Part 3
85
1
An authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom.
2
A notice given in pursuance of an authorisation may relate to conduct outside the United Kingdom and persons outside the United Kingdom.
3
Where such a notice is to be given to a person outside the United Kingdom, the notice may be given to the person in any of the following ways (as well as by electronic or other means of service)—
a
by delivering it to the person's principal office within the United Kingdom or, if the person has no such office in the United Kingdom, to any place in the United Kingdom where the person carries on business or conducts activities,
b
if the person has specified an address in the United Kingdom as one at which the person, or someone on the person's behalf, will accept documents of the same description as a notice, by delivering it to that address,
c
by notifying the person by such other means as the authorised officer considers appropriate (which may include notifying the person orally).
4
In determining for the purposes of subsection (3) of section 66 whether it is reasonably practicable for a telecommunications operator outside the United Kingdom to take any steps in a country or territory outside the United Kingdom for the purpose of complying with a duty imposed by virtue of subsection (1) or (2) of that section, the matters to be taken into account include the following—
a
any requirements or restrictions under the law of that country or territory that are relevant to the taking of those steps, and
b
the extent to which it is reasonably practicable to comply with the duty in a way that does not breach any of those requirements or restrictions.
5
Nothing in the definition of “telecommunications operator” limits the type of communications data in relation to which an authorisation, or a request or requirement of a kind which gives rise to a duty under section 66(1) or (2), may apply.
S. 85 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)