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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part III
(c) that the imposition of such a requirement is proportionate to
what is sought to be achieved by its imposition, and
(d) that it is not reasonably practicable for the person with the
appropriate permission to obtain possession of the protected
information in an intelligible form without the giving of a notice
under this section,
the person with that permission may, by notice to the person whom he
believes to have possession of the key, impose a disclosure requirement in
respect of the protected information.
(3) A disclosure requirement in respect of any protected information
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 crime; or
(c) in the interests of the economic well-being of the United
Kingdom.
(4) A notice under this section imposing a disclosure requirement in
respect of any protected information—
(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 protected information to which the notice
relates;
(c) must specify the matters falling within subsection (2)(b)(i) or (ii)
by reference to which the notice is given;
(d) must specify the office, rank or position held by the person
giving it;
(e) must specify the office, rank or position of the person who for the
purposes of Schedule 2 granted permission for the giving of the
notice or (if the person giving the notice was entitled to give it
without another person’s permission) must set out the
circumstances in which that entitlement arose;
(f) must specify the time by which the notice is to be complied
with; and
(g) must set out the disclosure that is required by the notice and the
form and manner in which it is to be made;
and the time specified for the purposes of paragraph (f) must allow a
period for compliance which is reasonable in all the circumstances.
(5) Where it appears to a person with the appropriate permission—
(a) that more than one person is in possession of the key to any
protected information,
(b) that any of those persons is in possession of that key in his
capacity as an officer or employee of any body corporate, and
(c) that another of those persons is the body corporate itself or
another officer or employee of the body corporate,
a notice under this section shall not be given, by reference to his
possession of the key, to any officer or employee of the body corporate
unless he is a senior officer of the body corporate or it appears to the
person giving the notice that there is no senior officer of the body
corporate and (in the case of an employee) no more senior employee of
the body corporate to whom it is reasonably practicable to give the notice.