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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter I
(3) Intercepted material falls within subsection (2), notwithstanding
that it is selected by reference to any such factor as is mentioned in
paragraph (a) and (b) of that subsection, if—
(a) it is certified by the Secretary of State for the purposes of section
8(4) that the examination of material selected according to
factors referable to the individual in question is necessary as
mentioned in subsection 5(3)(a), (b) or (c); and
(b) the material relates only to communications sent during a period
of not more than three months specified in the certificate.
(4) Intercepted material also falls within subsection (2),
notwithstanding that it is selected by reference to any such factor as is
mentioned in paragraph (a) and (b) of that subsection, if—
(a) the person to whom the warrant is addressed believes, on
reasonable grounds, that the circumstances are such that the
material would fall within that subsection; or
(b) the conditions set out in subsection (5) below are satisfied in
relation to the selection of the material.
(5) Those conditions are satisfied in relation to the selection of
intercepted material if—
(a) it has appeared to the person to whom the warrant is addressed
that there has been such a relevant change of circumstances as,
but for subsection (4)(b), would prevent the intercepted
material from falling within subsection (2);
(b) since it first so appeared, a written authorisation to read, look at
or listen to the material has been given by a senior official; and
(c) the selection is made before the end of the first working day after
the day on which it first so appeared to that person.
(6) References in this section to its appearing that there has been a
relevant change of circumstances are references to its appearing either—
(a) that the individual in question has entered the British Islands; or
(b) that a belief by the person to whom the warrant is addressed in
the individual’s presence outside the British Islands was in fact
mistaken.
Exclusion of
matters from legal
proceedings.
1985 c. 56.
17.—(1) Subject to section 18, no evidence shall be adduced, question
asked, assertion or disclosure made or other thing done in, for the
purposes of or in connection with any legal proceedings which (in any
manner)—
(a) discloses, in circumstances from which its origin in anything
falling within subsection (2) may be inferred, any of the contents
of an intercepted communication or any related
communications data; or
(b) tends (apart from any such disclosure) to suggest that anything
falling within subsection (2) has or may have occurred or be
going to occur.
(2) The following fall within this subsection—
(a) conduct by a person falling within subsection (3) that was or
would be an offence under section 1(1) or (2) of this Act or under
section 1 of the Interception of Communications Act 1985;