68
Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
83
Certain transfer and agency arrangements with public authorities
(1)
The Secretary of State may by regulations provide for—
(a) any function under sections 67 to 69 which is exercisable by the
Secretary of State to be exercisable instead by another public authority,
or
(b) any function under sections 67 to 69 which is exercisable by a public
authority by virtue of paragraph (a) to be exercisable instead by the
Secretary of State.
(2)
The Secretary of State may by regulations modify any enactment about a public
authority for the purpose of enabling or otherwise facilitating any function
exercisable by the Secretary of State under this Part to be exercisable on behalf
of the Secretary of State by the authority concerned.
(3)
Regulations under subsection (2) do not affect the Secretary of State’s
responsibility for the exercise of the functions concerned.
(4)
Subsection (2) does not apply in relation to any function of the Secretary of
State of making regulations.
(5)
Schedule 5 (which contains further safeguards and provisions supplementing
this section) has effect.
84
Application of Part 3 to postal operators and postal services
(1)
This Part applies to postal operators and postal services as it applies to
telecommunications operators and telecommunications services.
(2)
In its application by virtue of subsection (1), this Part has effect as if—
(a) any reference to a telecommunications operator were a reference to a
postal operator,
(b) any reference to a telecommunications service were a reference to a
postal service,
(c) any reference to a telecommunication system were a reference to a
postal service,
(d) sections 61(3)(a) and 62 were omitted, and
(e) in Part 2 of Schedule 4, for “which is entity data” there were substituted
“within paragraph (c) of the definition of “communications data” in
section 262(3)”.
85
Extra-territorial application of Part 3
(1)
An authorisation may relate to conduct outside the United Kingdom and
persons outside the United Kingdom.
(2)
A notice given in pursuance of an authorisation may relate to conduct outside
the United Kingdom and persons outside the United Kingdom.
(3)
Where such a notice is to be given to a person outside the United Kingdom, the
notice may be given to the person in any of the following ways (as well as by
electronic or other means of service)—
(a) by delivering it to the person’s principal office within the United
Kingdom or, if the person has no such office in the United Kingdom, to
any place in the United Kingdom where the person carries on business
or conducts activities,