36
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(c)
by making it available for inspection (whether to the person or to
someone acting on the person’s behalf) at a place in the United
Kingdom (but this is subject to subsection (4)).
(4)
A copy of a warrant may be served on a person outside the United Kingdom in
the way mentioned in subsection (3)(c) only if—
(a) it is not reasonably practicable for a copy to be served by any other
means (whether as mentioned in subsection (3)(a) or (b) or otherwise),
and
(b) the intercepting authority takes such steps as the authority considers
appropriate for the purpose of bringing the contents of the warrant, and
the availability of a copy for inspection, to the attention of the person.
(5)
The steps mentioned in subsection (4)(b) must be taken as soon as reasonably
practicable after the copy of the warrant is made available for inspection.
(6)
In this section “the intercepting authority” has the same meaning as in section
41.
43
Duty of operators to assist with implementation
(1)
A relevant operator that has been served with a copy of a warrant to which
section 41 applies by (or on behalf of) the intercepting authority must take all
steps for giving effect to the warrant that are notified to the relevant operator
by (or on behalf of) the intercepting authority.
This is subject to subsection (4).
(2)
In this section—
“relevant operator” means a postal operator or a telecommunications
operator;
“the intercepting authority” has the same meaning as in section 41.
(3)
Subsection (1) applies whether or not the relevant operator is in the United
Kingdom.
(4)
The relevant operator is not required to take any steps which it is not
reasonably practicable for the relevant operator to take.
(5)
In determining for the purposes of subsection (4) whether it is reasonably
practicable for a relevant operator outside the United Kingdom to take any
steps in a country or territory outside the United Kingdom for giving effect to
a warrant, the matters to be taken into account include the following—
(a) any requirements or restrictions under the law of that country or
territory that are relevant to the taking of those steps, and
(b) the extent to which it is reasonably practicable to give effect to the
warrant in a way that does not breach any of those requirements or
restrictions.
(6)
Where obligations have been imposed on a relevant operator (“P”) under
section 253 (technical capability notices), for the purposes of subsection (4) the
steps which it is reasonably practicable for P to take include every step which
it would have been reasonably practicable for P to take if P had complied with
all of those obligations.
(7)
A person who knowingly fails to comply with subsection (1) is guilty of an
offence and liable—
(a) on summary conviction in England and Wales—