ch2300c03a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
15
Part I
Chapter I
(9) For the purposes of this Act the provision of assistance with giving
effect to an interception warrant includes any disclosure to the person to
whom the warrant is addressed, or to persons acting on his behalf, of
intercepted material obtained by any interception authorised or required
by the warrant, and of any related communications data.
Interception capability and costs
12.—(1) The Secretary of State may by order provide for the imposition Maintenance of
interception
by him on persons who—
capability.
(a) are
providing
public
postal
services
or
public
telecommunications services, or
(b) are proposing to do so,
of such obligations as it appears to him reasonable to impose for the
purpose of securing that it is and remains practicable for requirements to
provide assistance in relation to interception warrants to be imposed and
complied with.
(2) The Secretary of State’s power to impose the obligations provided
for by an order under this section shall be exercisable by the giving, in
accordance with the order, of a notice requiring the person who is to be
subject to the obligations to take all such steps as may be specified or
described in the notice.
(3) Subject to subsection (11), the only steps that may be specified or
described in a notice given to a person under subsection (2) are steps
appearing to the Secretary of State to be necessary for securing that that
person has the practical capability of providing any assistance which he
may be required to provide in relation to relevant interception warrants.
(4) A person shall not be liable to have an obligation imposed on him
in accordance with an order under this section by reason only that he
provides, or is proposing to provide, to members of the public a
telecommunications service the provision of which is or, as the case may
be, will be no more than—
(a) the means by which he provides a service which is not a
telecommunications service; or
(b) necessarily incidental to the provision by him of a service which
is not a telecommunications service.
(5) Where a notice is given to any person under subsection (2) and
otherwise than by virtue of subsection (6)(c), that person may, before the
end of such period as may be specified in an order under this section, refer
the notice to the Technical Advisory Board.
(6) Where a notice given to any person under subsection (2) is referred
to the Technical Advisory Board under subsection (5)—
(a) there shall be no requirement for that person to comply, except
in pursuance of a notice under paragraph (c)(ii), with any
obligations imposed by the notice;
(b) the Board shall consider the technical requirements and the
financial consequences, for the person making the reference, of
the notice referred to them and shall report their conclusions on
those matters to that person and to the Secretary of State; and
(c) the Secretary of State, after considering any report of the Board
relating to the notice, may either—