Investigatory Powers Act 2016 (c. 25)
Schedule 3 — Exceptions to section 56
(c)
(d)
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any person whose conduct is the interception-related conduct
(within the meaning of section 56) to which the disclosure or
evidence relates (whether or not that conduct has in fact occurred);
any other person to whom the subject-matter of the disclosure or
evidence has been lawfully disclosed in accordance with section 58.
(5) Any reference in this paragraph to a person appointed as legal adviser to an
inquiry is to be read in accordance with paragraph 22(3).
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(1) Nothing in section 56(1) prohibits—
(a) a disclosure to a person (the “nominated person”) nominated under
paragraph 3(1) of Schedule 10 to the Coroners and Justice Act 2009
(investigation by judge or former judge) to conduct an investigation
into a person’s death, or
(b) a disclosure to a person appointed as legal adviser to an inquest
forming part of an investigation conducted by the nominated person,
where, in the course of the investigation, the nominated person has ordered
the disclosure to be made to the nominated person alone or (as the case may
be) to the nominated person and any person appointed as legal adviser to
the inquest.
(2) The nominated person may order a disclosure under sub-paragraph (1) only
if the person considers that the exceptional circumstances of the case make
the disclosure essential in the interests of justice.
(3) In a case where a person who is not a nominated person is or has been
conducting an investigation under Part 1 of the Coroners and Justice Act
2009 into a person’s death, nothing in section 56(1) prohibits—
(a) a disclosure to the person that there is intercepted material in
existence which is, or may be, relevant to the investigation;
(b) a disclosure to a person appointed as legal adviser to an inquest
forming part of the investigation which is made for the purposes of
determining—
(i) whether any intercepted material is, or may be, relevant to
the investigation, and
(ii) if so, whether it is necessary for the material to be disclosed
to the person conducting the investigation.
(4) In sub-paragraph (3) “intercepted material” means—
(a) any content of an intercepted communication (within the meaning of
section 56), or
(b) any secondary data obtained from a communication.
(5) Any reference in this paragraph to a person appointed as legal adviser to an
inquest is a reference to a person appointed as solicitor or counsel to the
inquest.