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ACT
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RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part III
(b) that disclosure is made, in accordance with the notice imposing
the requirement, to the person to whom, and by the time by
which, he was required to provide the information in that form.
(3) Where, in a case in which a disclosure requirement in respect of any
protected information is imposed on any person by a section 49 notice—
(a) that person is not in possession of the information,
(b) that person is incapable, without the use of a key that is not in
his possession, of obtaining access to the information and of
disclosing it in an intelligible form, or
(c) the notice states, in pursuance of a direction under section 51,
that it can be complied with only by the disclosure of a key to
the information,
the effect of imposing that disclosure requirement on that person is that
he shall be required, in accordance with the notice imposing the
requirement, to make a disclosure of any key to the protected information
that is in his possession at a relevant time.
(4) Subsections (5) to (7) apply where a person (“the person given
notice”)—
(a) is entitled or obliged to disclose a key to protected information
for the purpose of complying with any disclosure requirement
imposed by a section 49 notice; and
(b) is in possession of more than one key to that information.
(5) It shall not be necessary, for the purpose of complying with the
requirement, for the person given notice to make a disclosure of any keys
in addition to those the disclosure of which is, alone, sufficient to enable
the person to whom they are disclosed to obtain access to the information
and to put it into an intelligible form.
(6) Where—
(a) subsection (5) allows the person given notice to comply with a
requirement without disclosing all of the keys in his
possession, and
(b) there are different keys, or combinations of keys, in the
possession of that person the disclosure of which would, under
that subsection, constitute compliance,
the person given notice may select which of the keys, or combination of
keys, to disclose for the purpose of complying with that requirement in
accordance with that subsection.
(7) Subject to subsections (5) and (6), the person given notice shall not
be taken to have complied with the disclosure requirement by the
disclosure of a key unless he has disclosed every key to the protected
information that is in his possession at a relevant time.
(8) Where, in a case in which a disclosure requirement in respect of any
protected information is imposed on any person by a section 49 notice—
(a) that person has been in possession of the key to that information
but is no longer in possession of it,
(b) if he had continued to have the key in his possession, he would
have been required by virtue of the giving of the notice to
disclose it, and