106
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(5)
The steps mentioned in subsection (4)(b) must be taken as soon as reasonably
practicable after the copy of the warrant is made available for inspection.
(6)
In this section, “the implementing authority” has the same meaning as in
section 126.
128
Duty of telecommunications operators to assist with implementation
(1)
A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued by the Secretary of State under section
102 or 104, or by the Scottish Ministers under section 103, must take all steps
for giving effect to the warrant which are notified to the telecommunications
operator by or on behalf of the person to whom the warrant is addressed.
(2)
A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued under section 106 and addressed to a
law enforcement officer mentioned in subsection (3) must take all steps for
giving effect to the warrant which—
(a) were approved by the Secretary of State or, in the case of a warrant
addressed to a constable of the Police Service of Scotland, by the
Scottish Ministers, before the warrant was served, and
(b) are notified to the telecommunications operator by or on behalf of the
law enforcement officer.
(3)
The law enforcement officers mentioned in this subsection are—
(a) a National Crime Agency officer;
(b) an officer of Revenue and Customs;
(c) a constable of the Police Service of Scotland;
(d) a member of the Police Service of Northern Ireland;
(e) a member of the metropolitan police force.
(4)
The Secretary of State or the Scottish Ministers may give approval for the
purposes of subsection (2)(a) if the Secretary of State or (as the case may be) the
Scottish Ministers consider that—
(a) it is necessary for the telecommunications operator to be required to
take the steps, and
(b) the steps are proportionate to what is sought to be achieved by them.
(5)
A telecommunications operator is not required to take any steps which it is not
reasonably practicable for the telecommunications operator to take.
(6)
Where obligations have been imposed on a telecommunications operator (“P”)
under section 253 (technical capability notices), for the purposes of subsection
(5) the steps which it is reasonably practicable for P to take include every step
which it would have been reasonably practicable for P to take if P had
complied with all of those obligations.
(7)
The duty imposed by subsection (1) or (2) is enforceable against a person in the
United Kingdom by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.