ch2300c03a
01-08-00 21:43:32
c. 23
16
ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter I
(i) withdraw the notice; or
(ii) give a further notice under subsection (2) confirming its
effect, with or without modifications.
1988 c. 36.
(7) It shall be the duty of a person to whom a notice is given under
subsection (2) to comply with the notice; and that duty 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.
(8) A notice for the purposes of subsection (2) must specify such period
as appears to the Secretary of State to be reasonable as the period within
which the steps specified or described in the notice are to be taken.
(9) Before making an order under this section the Secretary of State
shall consult with—
(a) such persons appearing to him to be likely to be subject to the
obligations for which it provides,
(b) the Technical Advisory Board,
(c) such persons representing persons falling within paragraph (a),
and
(d) such persons with statutory functions in relation to persons
falling within that paragraph,
as he considers appropriate.
(10) The Secretary of State shall not make an order under this section
unless a draft of the order has been laid before Parliament and approved
by a resolution of each House.
(11) For the purposes of this section the question whether a person has
the practical capability of providing assistance in relation to relevant
interception warrants shall include the question whether all such
arrangements have been made as the Secretary of State considers
necessary—
(a) with respect to the disclosure of intercepted material;
(b) for the purpose of ensuring that security and confidentiality are
maintained in relation to, and to matters connected with, the
provision of any such assistance; and
(c) for the purpose of facilitating the carrying out of any functions in
relation to this Chapter of the Interception of Communications
Commissioner;
but before determining for the purposes of the making of any order, or
the imposition of any obligation, under this section what arrangements
he considers necessary for the purpose mentioned in paragraph (c) the
Secretary of State shall consult that Commissioner.
(12) In this section “relevant interception warrant”—
(a) in relation to a person providing a public postal service, means
an interception warrant relating to the interception of
communications in the course of their transmission by means of
that service; and