Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 2 — Other forms of lawful interception
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officer of Revenue and Customs under section 159 of the Customs and Excise
Management Act 1979, as applied by virtue of—
(a) section 105 of the Postal Services Act 2000 (power to open postal items
etc.), or
(b) that section and another enactment.
(2)
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The interception of a communication in the course of its transmission by means
of a public postal service is authorised by this section if it is carried out under
paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls).
Interception by OFCOM in connection with wireless telegraphy
(1)
Conduct falling within subsection (2) is authorised by this section if it is carried
out by OFCOM for purposes connected with a relevant matter (see subsection
(3)).
(2)
The conduct referred to in subsection (1) is—
(a) the interception of a communication in the course of its transmission by
means of a telecommunication system;
(b) the obtaining, by or in connection with the interception, of information
about the sender or recipient, or intended recipient, of the
communication (whether or not a person);
(c) the disclosure of anything obtained by conduct falling within
paragraph (a) or (b).
(3)
Each of the following is a relevant matter for the purposes of subsection (1)—
(a) the grant of wireless telegraphy licences under the Wireless Telegraphy
Act 2006 (“the 2006 Act”);
(b) the prevention or detection of anything which constitutes interference
with wireless telegraphy;
(c) the enforcement of—
(i) any provision of Part 2 (other than Chapter 2 and sections 27 to
31) or Part 3 of the 2006 Act, or
(ii) any enactment not falling within sub-paragraph (i) that relates
to interference with wireless telegraphy.
(4)
In this section—
“interference”, in relation to wireless telegraphy, has the same meaning as
in the Wireless Telegraphy Act 2006 (see section 115(3) of that Act);
“OFCOM” means the Office of Communications established by section 1
of the Office of Communications Act 2002;
“wireless telegraphy” has the same meaning as in the Wireless Telegraphy
Act 2006 (see section 116 of that Act).
Interception taking place in certain institutions
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Interception in prisons
(1)
Conduct taking place in a prison is authorised by this section if it is conduct in
exercise of any power conferred by or under prison rules.
(2)
In this section “prison rules” means any rules made under—
(a) section 47 of the Prison Act 1952,