ch2300c03a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
19
Part I
Chapter I
(a) shall not be required to secure that the requirements of
subsections (2) and (3) are satisfied in so far as they relate to any
of the intercepted material or related communications data, or
any copy of any such material or data, possession of which has
been surrendered to any authorities of a country or territory
outside the United Kingdom; but
(b) shall be required to secure, in the case of every such warrant, that
possession of the intercepted material and data and of copies of
the material or data is surrendered to authorities of a country or
territory outside the United Kingdom only if the requirements
of subsection (7) are satisfied.
(7) The requirements of this subsection are satisfied in the case of a
warrant if it appears to the Secretary of State—
(a) that requirements corresponding to those of subsections (2) and
(3) will apply, to such extent (if any) as the Secretary of State
thinks fit, in relation to any of the intercepted material or related
communications data possession of which, or of any copy of
which, is surrendered to the authorities in question; and
(b) that restrictions are in force which would prevent, to such extent
(if any) as the Secretary of State thinks fit, the doing of anything
in, for the purposes of or in connection with any proceedings
outside the United Kingdom which would result in such a
disclosure as, by virtue of section 17, could not be made in the
United Kingdom.
(8) In this section “copy”, in relation to intercepted material or related
communications data, means any of the following (whether or not in
documentary form)—
(a) any copy, extract or summary of the material or data which
identifies itself as the product of an interception, and
(b) any record referring to an interception which is a record of the
identities of the persons to or by whom the intercepted material
was sent, or to whom the communications data relates,
and “copied” shall be construed accordingly.
16.—(1) For the purposes of section 15 the requirements of this section,
in the case of a warrant in relation to which there is a section 8(4)
certificate, are that the intercepted material is read, looked at or listened
to by the persons to whom it becomes available by virtue of the warrant
to the extent only that it—
(a) has been certified as material the examination of which is
necessary as mentioned in section 5(3)(a), (b) or (c); and
(b) falls within subsection (2).
(2) Subject to subsections (3) and (4), intercepted material falls within
this subsection so far only as it is selected to be read, looked at or listened
to otherwise than according to a factor which—
(a) is referable to an individual who is known to be for the time being
in the British Islands; and
(b) has as its purpose, or one of its purposes, the identification of
material contained in communications sent by him, or intended
for him.
Extra safeguards
in the case of
certificated
warrants.