6
Data Retention and Investigatory Powers Act 2014 (c. 27)
(b)
5
if the person has specified an address in the United Kingdom as
one at which the person, or someone on the person’s behalf, will
accept documents of the same description as a notice, by
delivering it to that address.”
(7)
In subsection (7) of that section—
(a) after “person” insert “(whether or not the person is in the United
Kingdom)”, and
(b) after “enforceable” insert “(including in the case of a person outside the
United Kingdom)”.
(8)
In section 22 (obtaining and disclosing communications data), after subsection
(5) insert—
“(5A)
An authorisation under subsection (3) or (3B), or a requirement
imposed in accordance with a notice under subsection (4), may relate to
conduct outside the United Kingdom (and any such notice may be
given to a person outside the United Kingdom).
(5B)
Where a notice under subsection (4) is to be given to a person outside
the United Kingdom, the notice may (in addition to electronic or other
means of giving a notice) be given to the person in any of the following
ways—
(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;
(b) if the person has specified an address in the United Kingdom as
one at which the person, or someone on the person’s behalf, will
accept documents of the same description as a notice, by
delivering it to that address;
(c) by notifying the person of the requirements imposed by the
notice by such other means as the person giving the notice
thinks appropriate (which may include notifying the person
orally, except where the notice is one to which section 23A
applies).”
(9)
In subsection (6) of that section, after “operator” insert “(whether or not the
operator is in the United Kingdom)”.
(10)
In subsection (8) of that section, after “enforceable” insert “(including in the
case of a person outside the United Kingdom)”.
Meaning of “telecommunications service”
In section 2 of the Regulation of Investigatory Powers Act 2000 (meaning of
“interception” etc), after subsection (8) insert—
“(8A)
For the purposes of the definition of “telecommunications service” in
subsection (1), the cases in which a service is to be taken to consist in the
provision of access to, and of facilities for making use of, a
telecommunication system include any case where a service consists in
or includes facilitating the creation, management or storage of
communications transmitted, or that may be transmitted, by means of
such a system.”