239
Investigatory Powers Act 2016 (c. 25)
Schedule 2 — Abolition of disclosure powers
(a)
(b)
(c)
(d)
omit sub-paragraph (f) of paragraph (3),
in sub-paragraph (g) of that paragraph for “(f)” substitute “(e)”,
omit paragraphs (6) and (7),
after paragraph (10) insert—
“(10A)
(e)
Nothing in this regulation is to be read as enabling a person
to secure the disclosure by a telecommunications operator or
postal operator of communications data without the consent
of the operator.”, and
in paragraph (11)—
(i) after the definition of “bank” insert—
““communications data” has the same meaning as in the
Investigatory Powers Act 2016 (see sections 261 and 262
of that Act);”,
(ii) after the definition of “family” insert—
““postal operator” has the same meaning as in the
Investigatory Powers Act 2016 (see section 262 of that
Act);”, and
(iii) for the definition of “telecommunications service”
substitute—
““telecommunications operator” has the same meaning as
in the Investigatory Powers Act 2016 (see section 261 of
that Act).”
SCHEDULE 3
Section 56
EXCEPTIONS TO SECTION 56
Introductory
1
This Schedule contains—
(a) exceptions to the exclusion by section 56(1) of certain matters from
legal proceedings, and
(b) limitations on those exceptions where that exclusion will still apply.
Disclosures of lawfully intercepted communications
2
(1) Section 56(1)(a) does not prohibit the disclosure of any content of a
communication, or any secondary data obtained from a communication, if
the interception of that communication was lawful by virtue of any of the
following provisions—
(a) sections 6(1)(c) and 44 to 52;
(b) sections 1(5)(c), 3 and 4 of the Regulation of Investigatory Powers Act
2000;
(c) section 1(2)(b) and (3) of the Interception of Communications Act
1985.
(2) Where any disclosure is proposed to be, or has been, made on the grounds
that it is authorised by sub-paragraph (1), section 56(1) does not prohibit the
doing of anything in, or for the purposes of, so much of any proceedings as
relates to the question whether that disclosure is or was so authorised.