ch2300c01a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
7
Part I
Chapter I
(c) the person who provides that service (whether the interceptor or
another person) is required by the law of that country or
territory to carry out, secure or facilitate the interception in
question;
(d) the situation is one in relation to which such further conditions
as may be prescribed by regulations made by the Secretary of
State are required to be satisfied before conduct may be treated
as authorised by virtue of this subsection; and
(e) the conditions so prescribed are satisfied in relation to that
situation.
(2) Subject to subsection (3), the Secretary of State may by regulations
authorise any such conduct described in the regulations as appears to him
to constitute a legitimate practice reasonably required for the purpose, in
connection with the carrying on of any business, of monitoring or keeping
a record of—
(a) communications by means of which transactions are entered
into in the course of that business; or
(b) other communications relating to that business or taking place
in the course of its being carried on.
(3) Nothing in any regulations under subsection (2) shall authorise the
interception of any communication except in the course of its
transmission using apparatus or services provided by or to the person
carrying on the business for use wholly or partly in connection with that
business.
(4) Conduct taking place in a prison is authorised by this section if it
is conduct in exercise of any power conferred by or under any rules made
under section 47 of the Prison Act 1952, section 39 of the Prisons 1952 c. 52.
(Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1989 c. 45.
1953 (prison rules).
1953 c. 18 (N.I.).
(5) Conduct taking place in any hospital premises where high security
psychiatric services are provided is authorised by this section if it is
conduct in pursuance of, and in accordance with, any direction given
under section 17 of the National Health Service Act 1977 (directions as to 1977 c. 49.
the carrying out of their functions by health bodies) to the body providing
those services at those premises.
(6) Conduct taking place in a state hospital is authorised by this section
if it is conduct in pursuance of, and in accordance with, any direction
given to the State Hospitals Board for Scotland under section 2(5) of the
National Health Service (Scotland) Act 1978 (regulations and directions 1978 c. 29.
as to the exercise of their functions by health boards) as applied by Article
5(1) of and the Schedule to The State Hospitals Board for Scotland Order S.I. 1995/574.
1995 (which applies certain provisions of that Act of 1978 to the State
Hospitals Board).
(7) In this section references to a business include references to any
activities of a government department, of any public authority or of any
person or office holder on whom functions are conferred by or under any
enactment.
(8) In this section—
“government department” includes any part of the Scottish
Administration, a Northern Ireland department and the
National Assembly for Wales;