Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
(4)
205
Terms and conditions imposed by virtue of subsection (3)(b) may include
terms and conditions as to repayment with or without interest.
Additional powers
251
Amendments of the Intelligence Services Act 1994
(1)
The Intelligence Services Act 1994 is amended as follows.
(2)
In section 3 (the Government Communications Headquarters)—
(a) in subsection (1)(a), after “monitor” insert “, make use of”, and
(b) in the words following subsection (1)(b)(ii), for the words from “or to
any other organisation” to the end substitute “or, in such cases as it
considers appropriate, to other organisations or persons, or to the
general public, in the United Kingdom or elsewhere.”
(3)
In section 5 (warrants: general)—
(a) in subsection (2), omit “, subject to subsection (3) below,”,
(b) omit subsection (3), and
(c) in subsection (3A), after “1989” insert “, or on the application of the
Intelligence Service or GCHQ for the purposes of the exercise of their
functions by virtue of section 1(2)(c) or 3(2)(c),”.
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National security notices
(1)
The Secretary of State may give any telecommunications operator in the United
Kingdom a national security notice under this section if—
(a) the Secretary of State considers that the notice is necessary in the
interests of national security,
(b) the Secretary of State considers that the conduct required by the notice
is proportionate to what is sought to be achieved by that conduct, and
(c) the decision to give the notice has been approved by a Judicial
Commissioner.
(2)
A “national security notice” is a notice requiring the operator to take such
specified steps as the Secretary of State considers necessary in the interests of
national security.
(3)
A national security notice may, in particular, require the operator to whom it
is given—
(a) to carry out any conduct, including the provision of services or
facilities, for the purpose of—
(i) facilitating anything done by an intelligence service under any
enactment other than this Act, or
(ii) dealing with an emergency (within the meaning of Part 1 of the
Civil Contingencies Act 2004);
(b) to provide services or facilities for the purpose of assisting an
intelligence service to carry out its functions more securely or more
effectively.
(4)
In a case where—
(a) a national security notice would require the taking of any steps, and