RIPA). But the steps which may be required are limited to those
which it is reasonably practicable to take (section 11(5)). When
considering this test, section 11(5)(a) specifies that regard must be had
to any requirements or restrictions under the law of the country where
the CSP is based that are relevant to the taking of those steps. It also
makes clear the expectation that CSPs will seek to find ways to
comply without giving rise to conflict of laws. What is reasonably
practicable should be agreed after consultation between the CSP and
the Government. If no agreement can be reached it will be for the
Secretary of State to decide whether to press forward with civil
proceedings. Criminal proceedings may also be instituted by, or with
the consent of, the Director of Public Prosecutions.
3.13. Where the intercepting agency requires the assistance of a CSP
in order to implement a warrant, it should provide the following to
the CSP:
• A copy of the signed and dated warrant instrument;
• The schedule setting out the numbers, addresses or other factors
identifying the communications to be intercepted by the CSP for
warrants issued in accordance with section 8(1);
• A covering document from the intercepting agency (or the person
acting on behalf of the agency) requiring the assistance of the
CSP and specifying any other details regarding the means of
interception and delivery as may be necessary. Contact details with
respect to the intercepting agency will either be provided in this
covering document or will be available in the handbook provided
to all CSPs who maintain an interception capability.
Provision of interception capability
3.14. Persons who provide a public postal or telecommunications
service, or plan to do so, may be required to provide a permanent
interception capability (under section 12 of RIPA). The obligations
the Secretary of State considers reasonable to impose on such persons
to ensure they have a capability are set out in an order made by the
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