Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
(a)
(b)
(c)
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a postal operator,
a telecommunications operator, or
a person who is proposing to become a postal operator or a
telecommunications operator.
(4)
Regulations under this section may specify an obligation that may be imposed
on any relevant operators only if the Secretary of State considers it is
reasonable to do so for the purpose of securing—
(a) that it is (and remains) practicable to impose requirements on those
relevant operators to provide assistance in relation to relevant
authorisations, and
(b) that it is (and remains) practicable for those relevant operators to
comply with those requirements.
(5)
The obligations that may be specified in regulations under this section include,
among other things—
(a) obligations to provide facilities or services of a specified description;
(b) obligations relating to apparatus owned or operated by a relevant
operator;
(c) obligations relating to the removal by a relevant operator of electronic
protection applied by or on behalf of that operator to any
communications or data;
(d) obligations relating to the security of any postal or telecommunications
services provided by a relevant operator;
(e) obligations relating to the handling or disclosure of any information.
(6)
Before making any regulations under this section, the Secretary of State must
consult the following persons—
(a) the Technical Advisory Board,
(b) persons appearing to the Secretary of State to be likely to be subject to
any obligations specified in the regulations,
(c) persons representing persons falling within paragraph (b), and
(d) persons with statutory functions in relation to persons falling within
that paragraph.
(7)
A technical capability notice—
(a) 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, and
(b) may specify different periods in relation to different steps.
(8)
A technical capability notice may be given to persons outside the United
Kingdom (and may require things to be done, or not to be done, outside the
United Kingdom).
(9)
Sections 254 to 258 contain further provision about technical capability notices.
254
(1)
Approval of notices by Judicial Commissioners
In this section “relevant notice” means—
(a) a national security notice under section 252, or
(b) a technical capability notice under section 253.