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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part I
Chapter I
2000 c. 11.
1985 c. 56.
(i) the applicant to the Proscribed Organisations Appeal
Commission;
(ii) the organisation concerned (if different);
(iii) any person designated under paragraph 6 of Schedule
3 to the Terrorism Act 2000 to conduct proceedings so falling
on behalf of that organisation; or
(iv) any person who for the purposes of any proceedings so
falling (but otherwise than by virtue of an appointment under
paragraph 7 of that Schedule) represents that applicant or
that organisation.
(3) Section 17(1) shall not prohibit anything done in, for the purposes
of, or in connection with, so much of any legal proceedings as relates to
the fairness or unfairness of a dismissal on the grounds of any conduct
constituting an offence under section 1(1) or (2), 11(7) or 19 of this Act,
or section 1 of the Interception of Communications Act 1985.
(4) Section 17(1)(a) shall not prohibit the disclosure of any of the
contents of a communication if the interception of that communication
was lawful by virtue of section 1(5)(c), 3 or 4.
(5) Where any disclosure is proposed to be or has been made on the
grounds that it is authorised by subsection (4), section 17(1) shall not
prohibit the doing of anything in, or for the purposes of, so much of any
legal proceedings as relates to the question whether that disclosure is or
was so authorised.
(6) Section 17(1)(b) shall not prohibit the doing of anything that
discloses any conduct of a person for which he has been convicted of an
offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of
the Interception of Communications Act 1985.
(7) Nothing in section 17(1) shall prohibit any such disclosure of any
information that continues to be available for disclosure as is confined
to—
(a) a disclosure to a person conducting a criminal prosecution for
the purpose only of enabling that person to determine what is
required of him by his duty to secure the fairness of the
prosecution; or
(b) a disclosure to a relevant judge in a case in which that judge has
ordered the disclosure to be made to him alone.
(8) A relevant judge shall not order a disclosure under subsection
(7)(b) except where he is satisfied that the exceptional circumstances of the
case make the disclosure essential in the interests of justice.
(9) Subject to subsection (10), where in any criminal proceedings—
(a) a relevant judge does order a disclosure under subsection
(7)(b), and
(b) in consequence of that disclosure he is of the opinion that there
are exceptional circumstances requiring him to do so,
he may direct the person conducting the prosecution to make for the
purposes of the proceedings any such admission of fact as that judge
thinks essential in the interests of justice.
(10) Nothing in any direction under subsection (9) shall authorise or
require anything to be done in contravention of section 17(1).