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ACT
Unit: pag1
RA Proof 20.7.2000
Regulation of Investigatory Powers Act 2000
Part V
(b) contain such incidental, supplemental, consequential and
transitional provision as the Secretary of State thinks fit.
Criminal liability
of directors etc.
79.—(1) Where an offence under any provision of this Act other than
a provision of Part III is committed by a body corporate and is proved to
have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body
corporate, or
(b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of that offence and liable
to be proceeded against and punished accordingly.
(2) Where an offence under any provision of this Act other than a
provision of Part III—
(a) is committed by a Scottish firm, and
(b) is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part
of, a partner of the firm,
he (as well as the firm) shall be guilty of that offence and liable to be
proceeded against and punished accordingly.
(3) In this section “director”, in relation to a body corporate whose
affairs are managed by its members, means a member of the body
corporate.
General saving for
lawful conduct.
General
interpretation.
80. Nothing in any of the provisions of this Act by virtue of which
conduct of any description is or may be authorised by any warrant,
authorisation or notice, or by virtue of which information may be
obtained in any manner, shall be construed—
(a) as making it unlawful to engage in any conduct of that
description which is not otherwise unlawful under this Act and
would not be unlawful apart from this Act;
(b) as otherwise requiring—
(i) the issue, grant or giving of such a warrant,
authorisation or notice, or
(ii) the taking of any step for or towards obtaining the
authority of such a warrant, authorisation or notice,
before any such conduct of that description is engaged in; or
(c) as prejudicing any power to obtain information by any means
not involving conduct that may be authorised under this Act.
81.—(1) In this Act—
“apparatus” includes any equipment, machinery or device and any
wire or cable;
“Assistant Commissioner of Police of the Metropolis” includes the
Deputy Commissioner of Police of the Metropolis;
“Assistant Surveillance Commissioner” means any person holding
office under section 63;
“civil proceedings” means any proceedings in or before any court or
tribunal that are not criminal proceedings;