ch2300c15a
01-08-00 21:43:40
c. 23
84
ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part IV
(e) any Assistant Surveillance Commissioner carrying out any
functions of his under section 63 of this Act,
to be relevant to any question arising in the proceedings, or in connection
with the exercise of that jurisdiction or the carrying out of those functions,
in relation to a time when it was in force, that provision of the code shall
be taken into account in determining that question.
(5) In this section “relevant Commissioner” means the Interception of
Communications Commissioner, the Intelligence Services Commissioner
or the Investigatory Powers Commissioner for Northern Ireland.
Part V
Miscellaneous and supplemental
Miscellaneous
Conduct in
relation to wireless
telegraphy.
1949 c. 54.
73.—(1) Section 5 of the Wireless Telegraphy Act 1949 (misleading
messages and interception and disclosure of wireless telegraphy
messages) shall become subsection (1) of that section.
(2) In paragraph (b) of that subsection—
(a) for the words from “under the authority of” to “servant of the
Crown,” there shall be substituted “under the authority of a
designated person”; and
(b) in sub-paragraph (i), for the words from “which neither” to the
end of the sub-paragraph there shall be substituted “of which
neither the person using the apparatus nor a person on whose
behalf he is acting is an intended recipient,”.
(3) In that section, after that subsection there shall be inserted—
“(2) The conduct in relation to which a designated person may
give a separate authority for the purposes of this section shall not,
except where he believes the conduct to be necessary on grounds
falling within subsection (5) of this section, include—
(a) any conduct which, if engaged in without lawful authority,
constitutes an offence under section 1(1) or (2) of the
Regulation of Investigatory Powers Act 2000;
(b) any conduct which, if engaged in without lawful authority,
is actionable under section 1(3) of that Act;
(c) any conduct which is capable of being authorised by an
authorisation or notice granted by any person under
Chapter II of Part I of that Act (communications data);
(d) any conduct which is capable of being authorised by an
authorisation granted by any person under Part II of that
Act (surveillance etc.).
(3) A designated person shall not exercise his power to give a
separate authority for the purposes of this section except where he
believes—
(a) that the giving of his authority is necessary on grounds
falling within subsection (4) or (5) of this section; and
(b) that the conduct authorised by him is proportionate to
what is sought to be achieved by that conduct.