Data Retention and Investigatory Powers Act 2014 (c. 27)
(c)
(2C)
5
accept service of documents of the same description as a copy of
a warrant, by serving it at that address;
by making it available for inspection (whether to the person or
to someone acting on the person’s behalf) at a place in the
United Kingdom (but this is subject to subsection (2C)).
Service under subsection (2) of a copy of a warrant on a person outside
the United Kingdom may be effected in the way mentioned in
paragraph (c) of subsection (2B) only if—
(a) it is not reasonably practicable for service to be effected by any
other means (whether as mentioned in subsection (2B)(a) or (b)
or otherwise), and
(b) the person to whom the warrant is addressed takes such steps
as the person thinks appropriate for the purpose of bringing the
contents of the warrant, and the availability of a copy for
inspection, to the attention of the person outside the United
Kingdom.
The steps mentioned in paragraph (b) must be taken as soon as
reasonably practicable after the copy of the warrant is made available
for inspection.”
(3)
In subsection (4) of that section, after “that person” insert “(whether or not the
person is in the United Kingdom)”.
(4)
After subsection (5) of that section insert—
“(5A)
Where a person outside the United Kingdom is under a duty by virtue
of subsection (4) to take any steps in a country or territory outside the
United Kingdom for giving effect to a warrant, in determining for the
purposes of subsection (5) whether the steps are reasonably practicable
for the person to take, regard is to be had (amongst other matters) to—
(a) any requirements or restrictions under the law of that country
or territory relevant to the taking of those steps, and
(b) the extent to which it is reasonably practicable to give effect to
the warrant in a way that does not breach any such
requirements or restrictions.”
(5)
In subsection (8) of that section, after “enforceable” insert “(including in the
case of a person outside the United Kingdom)”.
(6)
In section 12 (maintenance of interception capability), after subsection (3)
insert—
“(3A)
An obligation may be imposed in accordance with an order under this
section on, and a notice under subsection (2) given to, persons outside
the United Kingdom (and may be so imposed or given in relation to
conduct outside the United Kingdom).
(3B)
Where a notice under subsection (2) 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—
(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, or