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Investigatory Powers Act 2016 (c. 25)
Schedule 3 — Exceptions to section 56
(a)
(b)
any conduct constituting an offence under section 3(1), 43(7), 59 or
155;
any conduct taking place before the coming into force of this
paragraph and constituting—
(i) an offence under section 1(1) or (2), 11(7) or 19 of the
Regulation of Investigatory Powers Act 2000, or
(ii) an offence under section 1 of the Interception of
Communications Act 1985.
Proceedings on appeals relating to claims of discrimination in Northern Ireland
17
(1) Section 56(1) does not apply in relation to any proceedings on an appeal
under Article 80(2) of the Fair Employment and Treatment (Northern
Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) where—
(a) the appeal relates to a claim of discrimination in contravention of
Part 3 of that Order (employment cases) and to a certificate of the
Secretary of State that the act concerned was justified for the purpose
of safeguarding national security, and
(b) a party to the appeal, or the party’s representatives, are excluded for
all or part of the proceedings by virtue of section 91(4)(b) of the
Northern Ireland Act 1998.
(2) Section 56(1) does not apply in relation to any proceedings arising out of
proceedings within sub-paragraph (1).
18
But paragraph 17 does not permit the disclosure of anything to—
(a) any person who is or was excluded from all or part of the
proceedings mentioned in paragraph 17(1), or
(b) any person who—
(i) represents such a person for the purposes of any proceedings
within paragraph 17, and
(ii) does so otherwise than by virtue of appointment as a special
advocate.
Civil proceedings for enforcement of duty to assist with implementation of warrants
19
Section 56(1) does not apply in relation to any civil proceedings under
section 43(8) of this Act or section 11(8) of the Regulation of Investigatory
Powers Act 2000 (enforcement of duty of operators to assist with
implementation of warrants).
Proceedings for certain offences
20
(1) Section 56(1) does not apply in relation to any proceedings for a relevant
offence.
(2) “Relevant offence” means—
(a) an offence under any provision of this Act;
(b) an offence under section 1 of the Interception of Communications
Act 1985;
(c) an offence under any provision of the Regulation of Investigatory
Powers Act 2000;
(d) an offence under section 47 or 48 of the Wireless Telegraphy Act
2006;