Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
37
(i)
(b)
(c)
(d)
(8)
to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or
(ii) to a fine,
or to both;
on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.
The duty imposed by subsection (1) is enforceable (whether or not the person
is in the United Kingdom) by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.
CHAPTER 2
OTHER FORMS OF LAWFUL INTERCEPTION
Interception with consent
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Interception with the consent of the sender or recipient
(1)
The interception of a communication is authorised by this section if the sender
and the intended recipient of the communication have each consented to its
interception.
(2)
The interception of a communication is authorised by this section if—
(a) the communication is one sent by, or intended for, a person who has
consented to the interception, and
(b) surveillance by means of that interception has been authorised under—
(i) Part 2 of the Regulation of Investigatory Powers Act 2000, or
(ii) the Regulation of Investigatory Powers (Scotland) Act 2000
(2000 asp 11).
Interception for administrative or enforcement purposes
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Interception by providers of postal or telecommunications services
(1)
The interception of a communication is authorised by this section if the
interception is carried out—
(a) by, or on behalf of, a person who provides a postal service or a
telecommunications service, and
(b) for any of the purposes in subsection (2).