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5. For article 10 of the 2003 Order substitute—
“10.—(1) The restriction in this article is that an individual holding an office, rank or position with the Commissioners for Her Majesty’s Revenue and Customs (being a relevant public authority listed in Schedule 1 to the 2000 Act(1)may only grant an authorisation or give a notice which satisfies the condition set out in paragraph (2).
(2) That condition is that, in connection with a function relating to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005(2) applies, the only communications data falling within section 21(4)(a) of the 2000 Act authorised to be obtained by the authorisation or required to be obtained or disclosed by the notice is communications data relating to a postal service.”.
The entries in Schedule 1 to the Regulation of Investigatory Powers Act 2000 in respect of the Commissioners of Customs and Excise and the Commissioners of Inland Revenue are amended by section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11).
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