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c. 56
Interception
of Communications Act 1985
(b) that person has reasonable grounds
for believing that
the person to whom, or the person by whom, the
communication is sent has consented to the intercep.
tion.
(3)
A
section
person shall not be guilty of an offence under this
if-
communication is intercepted for purposes connected
with the provision of postal or public telecommunication services or with the enforcement of any enactment
relating to the use of those services ; or
(a) the
(b) the communication is being transmitted by wireless telegraphy and is intercepted, with the authority of the
Secretary of State, for purposes connected with the issue
of licences under the Wireless Telegraphy Act 1949 or
1949 c. 54.
the prevention or detection of interference with wireless telegraphy.
(4)
No proceedings in respect of an offence under this section
shall be
(a)
(b)
instituted-
in England and Wales, except by or with the consent of
the Director of Public Prosecutions ;
in Northern Ireland, except by or with the consent of
the Director of Public Prosecutions for Northern Ireland.
Warrants for
interception.
2.-(l)
Subject to the provisions of this section and section
below, the Secretary of State may issue a warrant requiring
the person to whom it is addressed to intercept, in the course
of their transmission by post or by means of a public telecommunication system, such communications as are described
in the warrant ; and such a warrant may also require the person
to whom it is addressed to disclose the intercepted material to
such persons and in such manner as are described in the
warrant.
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(2) The Secretary of State shall not issue a warrant under this
section unless he considers that the warrant is necessary(a) in the interests of national security ;
(b) for the purpose of preventing or detecting serious crime ;
(c)
or
for the purpose of safeguarding the economic well-being
of the United Kingdom.
(3) The matters to be taken into account in considering
whether a warrant is necessary as mentioned in subsection (2)
above shall include whether the information which it is considered
necessary to acquire could reasonably be acquired by other
means.