206
Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
(b)
in the absence of such a notice requiring the taking of those steps, the
taking of those steps would be lawful only if a warrant or authorisation
under a relevant enactment had been obtained,
the notice may require the taking of those steps only if such a warrant or
authorisation has been obtained.
(5)
But the Secretary of State may not give any telecommunications operator a
national security notice the main purpose of which is to require the operator to
do something for which a warrant or authorisation under a relevant enactment
is required.
(6)
In this section “relevant enactment” means—
(a) this Act;
(b) the Intelligence Services Act 1994;
(c) the Regulation of Investigatory Powers Act 2000;
(d) the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp
11).
(7)
A national security notice must specify such period as appears to the Secretary
of State to be reasonable as the period within which the steps specified in the
notice are to be taken.
(8)
Conduct required by a national security notice is to be treated as lawful for all
purposes (to the extent that it would not otherwise be so treated).
(9)
Sections 254 to 258 contain further provision about national security notices.
253
Technical capability notices
(1)
The Secretary of State may give a relevant operator a technical capability notice
under this section if—
(a) the Secretary of State considers that the notice is necessary for securing
that the operator has the capability to provide any assistance which the
operator may be required to provide in relation to any relevant
authorisation,
(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 “technical capability notice” is a notice—
(a) imposing on the relevant operator any applicable obligations specified
in the notice, and
(b) requiring the person to take all the steps specified in the notice for the
purpose of complying with those obligations.
(3)
In this section—
“applicable obligation”, in relation to a relevant operator of a particular
description, means an obligation specified by the Secretary of State in
regulations as an obligation that may be imposed on relevant operators,
or on relevant operators of that description;
“relevant authorisation” means—
(a) any warrant issued under Part 2, 5 or 6, or
(b) any authorisation or notice given under Part 3;
“relevant operator” means—