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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part III
(b) that the giving of the direction is proportionate to what is sought
to be achieved by prohibiting any compliance with the
requirement in question otherwise than by the disclosure of the
key itself.
(5) The matters to be taken into account in considering whether the
requirement of subsection (4)(b) is satisfied in the case of any direction
shall include—
(a) the extent and nature of any protected information, in addition
to the protected information in respect of which the disclosure
requirement is imposed, to which the key is also a key; and
(b) any adverse effect that the giving of the direction might have on
a business carried on by the person on whom the disclosure
requirement is imposed.
(6) Where a direction for the purposes of subsection (1) is given by a
chief officer of police, by the Commissioners of Customs and Excise or by
a member of Her Majesty’s forces, the person giving the direction shall
give a notification that he has done so—
(a) in a case where the direction is given—
(i) by a member of Her Majesty’s forces who is not a
member of a police force, and
(ii) otherwise than in connection with activities of
members of Her Majesty’s forces in Northern Ireland,
to the Intelligences Services Commissioner; and
(b) in any other case, to the Chief Surveillance Commissioner.
(7) A notification under subsection (6)—
(a) must be given not more than seven days after the day of the
giving of the direction to which it relates; and
(b) may be given either in writing or by being transmitted to the
Commissioner in question by electronic means.
Contributions to costs
Arrangements for
payments for
disclosure.
52.—(1) It shall be the duty of the Secretary of State to ensure that such
arrangements are in force as he thinks appropriate for requiring or
authorising, in such cases as he thinks fit, the making to persons to whom
section 49 notices are given of appropriate contributions towards the
costs incurred by them in complying with such notices.
(2) For the purpose of complying with his duty under this section, the
Secretary of State may make arrangements for payments to be made out
of money provided by Parliament.
Offences
Failure to comply
with a notice.
53.—(1) A person to whom a section 49 notice has been given is guilty
of an offence if he knowingly fails, in accordance with the notice, to make
the disclosure required by virtue of the giving of the notice.
(2) In proceedings against any person for an offence under this section,
if it is shown that that person was in possession of a key to any protected
information at any time before the time of the giving of the section 49
notice, that person shall be taken for the purposes of those proceedings
to have continued to be in possession of that key at all subsequent times,
unless it is shown that the key was not in his possession after the giving
of the notice and before the time by which he was required to disclose it.