ch2300c10a
01-08-00 21:43:37
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
59
Part III
(c) he is in possession, at a relevant time, of information to which
subsection (9) applies,
the effect of imposing that disclosure requirement on that person is that
he shall be required, in accordance with the notice imposing the
requirement, to disclose all such information to which subsection (9)
applies as is in his possession and as he may be required, in accordance
with that notice, to disclose by the person to whom he would have been
required to disclose the key.
(9) This subsection applies to any information that would facilitate the
obtaining or discovery of the key or the putting of the protected
information into an intelligible form.
(10) In this section “relevant time”, in relation to a disclosure
requirement imposed by a section 49 notice, means the time of the giving
of the notice or any subsequent time before the time by which the
requirement falls to be complied with.
51.—(1) A section 49 notice imposing a disclosure requirement in Cases in which
respect of any protected information shall not contain a statement for the key required.
purposes of section 50(3)(c) unless—
(a) the person who for the purposes of Schedule 2 granted the
permission for the giving of the notice in relation to that
information, or
(b) any person whose permission for the giving of a such a notice in
relation to that information would constitute the appropriate
permission under that Schedule,
has given a direction that the requirement can be complied with only by
the disclosure of the key itself.
(2) A direction for the purposes of subsection (1) by the police, the
customs and excise or a member of Her Majesty’s forces shall not be
given—
(a) in the case of a direction by the police or by a member of Her
Majesty’s forces who is a member of a police force, except by or
with the permission of a chief officer of police;
(b) in the case of a direction by the customs and excise, except by or
with the permission of the Commissioners of Customs and
Excise; or
(c) in the case of a direction by a member of Her Majesty’s forces
who is not a member of a police force, except by or with the
permission of a person of or above the rank of brigadier or its
equivalent.
(3) A permission given for the purposes of subsection (2) by a chief
officer of police, the Commissioners of Customs and Excise or a person
of or above any such rank as is mentioned in paragraph (c) of that
subsection must be given expressly in relation to the direction in question.
(4) A person shall not give a direction for the purposes of subsection
(1) unless he believes—
(a) that there are special circumstances of the case which mean that
the purposes for which it was believed necessary to impose the
requirement in question would be defeated, in whole or in part,
if the direction were not given; and