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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter I
1977 c. 49.
1978 c. 29.
1952 c. 52.
1953 c. 18 (N.I.).
1989 c. 45.
1991 c. 53.
1994 c. 33.
Interception with
a warrant.
“high security psychiatric services” has the same meaning as in the
National Health Service Act 1977;
“hospital premises” has the same meaning as in section 4(3) of that
Act; and
“state hospital” has the same meaning as in the National Health
Service (Scotland) Act 1978.
(9) In this section “prison” means—
(a) any prison, young offender institution, young offenders centre or
remand centre which is under the general superintendence of, or
is provided by, the Secretary of State under the Prison Act 1952
or the Prison Act (Northern Ireland) 1953, or
(b) any prison, young offenders institution or remand centre which
is under the general superintendence of the Scottish Ministers
under the Prisons (Scotland) Act 1989,
and includes any contracted out prison, within the meaning of Part IV of
the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and
Public Order Act 1994, and any legalised police cells within the meaning
of section 14 of the Prisons (Scotland) Act 1989.
5.—(1) Subject to the following provisions of this Chapter, the
Secretary of State may issue a warrant authorising or requiring the person
to whom it is addressed, by any such conduct as may be described in the
warrant, to secure any one or more of the following—
(a) the interception in the course of their transmission by means of
a postal service or telecommunication system of the
communications described in the warrant;
(b) the making, in accordance with an international mutual
assistance agreement, of a request for the provision of such
assistance in connection with, or in the form of, an interception
of communications as may be so described;
(c) the provision, in accordance with an international mutual
assistance agreement, to the competent authorities of a country
or territory outside the United Kingdom of any such assistance
in connection with, or in the form of, an interception of
communications as may be so described;
(d) the disclosure, in such manner as may be so described, of
intercepted material obtained by any interception authorised or
required by the warrant, and of related communications data.
(2) The Secretary of State shall not issue an interception warrant unless
he believes—
(a) that the warrant is necessary on grounds falling within
subsection (3); and
(b) that the conduct authorised by the warrant is proportionate to
what is sought to be achieved by that conduct.
(3) Subject to the following provisions of this section, a warrant is
necessary on grounds falling within this subsection if it is necessary—
(a) in the interests of national security;
(b) for the purpose of preventing or detecting serious crime;
(c) for the purpose of safeguarding the economic well-being of the
United Kingdom; or