ch2300c05a
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c. 23
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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter II
(a) if the operator is not already in possession of the data, to obtain
the data; and
(b) in any case, to disclose all of the data in his possession or
subsequently obtained by him.
(5) The designated person shall not grant an authorisation under
subsection (3), or give a notice under subsection (4), unless he believes
that obtaining the data in question by the conduct authorised or required
by the authorisation or notice is proportionate to what is sought to be
achieved by so obtaining the data.
(6) It shall be the duty of the postal or telecommunications operator
to comply with the requirements of any notice given to him under
subsection (4).
(7) A person who is under a duty by virtue of subsection (6) shall not
be required to do anything in pursuance of that duty which it is not
reasonably practicable for him to do.
1988 c. 36.
(8) The duty imposed by subsection (6) shall be enforceable 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.
(9) The Secretary of State shall not make an order under subsection
(2)(h) unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.
Form and
duration of
authorisations and
notices.
23.—(1) An authorisation under section 22(3)—
(a) must be granted in writing or (if not in writing) in a manner that
produces a record of its having been granted;
(b) must describe the conduct to which this Chapter applies that is
authorised and the communications data in relation to which it
is authorised;
(c) must specify the matters falling within section 22(2) by reference
to which it is granted; and
(d) must specify the office, rank or position held by the person
granting the authorisation.
(2) A notice under section 22(4) requiring communications data to be
disclosed or to be obtained and disclosed—
(a) must be given in writing or (if not in writing) must be given in a
manner that produces a record of its having been given;
(b) must describe the communications data to be obtained or
disclosed under the notice;
(c) must specify the matters falling within section 22(2) by reference
to which the notice is given;
(d) must specify the office, rank or position held by the person giving
it; and
(e) must specify the manner in which any disclosure required by the
notice is to be made.
(3) A notice under section 22(4) shall not require the disclosure of data
to any person other than—
(a) the person giving the notice; or