ch2300c11a
01-08-00 21:43:37
ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
61
Part III
(3) For the purposes of this section a person shall be taken to have
shown that he was not in possession of a key to protected information at
a particular time if—
(a) sufficient evidence of that fact is adduced to raise an issue with
respect to it; and
(b) the contrary is not proved beyond a reasonable doubt.
(4) In proceedings against any person for an o���ence under this section
it shall be a defence for that person to show—
(a) that it was not reasonably practicable for him to make the
disclosure required by virtue of the giving of the section 49
notice before the time by which he was required, in accordance
with that notice, to make it; but
(b) that he did make that disclosure as soon after that time as it was
reasonably practicable for him to do so.
(5) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding the statutory
maximum, or to both.
54.—(1) This section applies where a section 49 notice contains a Tipping-off.
provision requiring—
(a) the person to whom the notice is given, and
(b) every other person who becomes aware of it or of its contents,
to keep secret the giving of the notice, its contents and the things done in
pursuance of it.
(2) A requirement to keep anything secret shall not be included in a
section 49 notice except where—
(a) it is included with the consent of the person who for the purposes
of Schedule 2 granted the permission for the giving of the
notice; or
(b) the person who gives the notice is himself a person whose
permission for the giving of such a notice in relation to the
information in question would have constituted appropriate
permission under that Schedule.
(3) A section 49 notice shall not contain a requirement to keep
anything secret except where the protected information to which it
relates—
(a) has come into the possession of the police, the customs and excise
or any of the intelligence services, or
(b) is likely to come into the possession of the police, the customs
and excise or any of the intelligence services,
by means which it is reasonable, in order to maintain the effectiveness of
any investigation or operation or of investigatory techniques generally, or
in the interests of the safety or well-being of any person, to keep secret
from a particular person.