Regulation of Investigatory Powers Bill - continued        House of Lords
PART I, COMMUNICATIONS - continued
Unlawful and authorised interception - continued

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Lawful interception without an interception warrant.     3. - (1) Conduct by any person consisting in the interception of a communication is authorised by this section if the communication is one which, or which that person has reasonable grounds for believing, is both-
 
 
    (a) a communication sent by a person who has consented to the interception; and
 
    (b) a communication the intended recipient of which has so consented.
      (2) Conduct by any person consisting in the interception of a communication is authorised by this section if-
 
 
    (a) the communication is one sent by, or intended for, a person who has consented to the interception; and
 
    (b) surveillance by means of that interception has been authorised under Part II.
      (3) Conduct consisting in the interception of a communication is authorised by this section if-
 
 
    (a) it is conduct by or on behalf of a person who provides a postal service or a telecommunications service; and
 
    (b) it takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.
      (4) Conduct by any person consisting in the interception of a communication in the course of its transmission by means of wireless telegraphy is authorised by this section if it takes place-
 
 
    (a) with the authority of a designated person under section 5 of the Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages); and
 
    (b) for purposes connected with anything falling within subsection (5).
      (5) Each of the following falls within this subsection-
 
 
    (a) the issue of licences under the Wireless Telegraphy Act 1949;
 
    (b) the prevention or detection of anything which constitutes interference with wireless telegraphy; and
 
    (c) the enforcement of any enactment contained in that Act or of any enactment not so contained that relates to such interference.
Power to provide for lawful interception.     4. - (1) Conduct by any person ("the interceptor") consisting in the interception of a communication in the course of its transmission by means of a telecommunication system is authorised by this section if-
 
 
    (a) the interception is carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom;
 
    (b) the interception relates to the use of a telecommunications service provided to persons in that country or territory which is either-
 
      (i) a public telecommunications service; or
 
      (ii) a telecommunications service that would be a public telecommunications service if the persons to whom it is offered or provided were members of the public in a part of the United Kingdom;
 
    (c) the person who provides that service (whether the interceptor or another person) is required by the law of that country or territory to carry out, secure or facilitate the interception in question;
 
    (d) the situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; and
 
    (e) the conditions so prescribed are satisfied in relation to that situation.
      (2) Subject to subsection (3), the Secretary of State may by regulations authorise any such conduct described in the regulations as appears to him to constitute a legitimate practice reasonably required for the purpose, in connection with the carrying on of any business, of monitoring or keeping a record of-
 
 
    (a) communications by means of which transactions are entered into in the course of that business; or
 
    (b) other communications relating to that business or taking place in the course of its being carried on.
      (3) Nothing in any regulations under subsection (2) shall authorise the interception of any communication except in the course of its transmission using apparatus or services provided by or to the person carrying on the business for use wholly or partly in connection with that business.
 
      (4) Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under any rules made under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).
 
      (5) Conduct taking place in any hospital premises where high security psychiatric services are provided is authorised by this section if it is conduct in pursuance of, and in accordance with, any direction given under section 17 of the National Health Service Act 1977 (directions as to the carrying out of their functions by health bodies) to the body providing those services at those premises.
 
      (6) In this section references to a business include references to any activities of a government department, of any public authority or of any person or office holder on whom functions are conferred by or under any enactment.
 
      (7) In this section-
 
 
    "government department" includes any part of the Scottish Administration, a Northern Ireland department and the National Assembly for Wales;
 
    "high security psychiatric services" has the same meaning as in the National Health Service Act 1977;
 
    "hospital premises" has the same meaning as in section 4(3) of that Act; and
 
    "prison" has the meaning given by subsection (8) of this section.
      (8) In this section "prison" means-
 
 
    (a) any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952 or the Prison Act (Northern Ireland) 1953, or
 
    (b) any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989,
       and includes any contracted out prison, within the meaning of Part IV of the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public Order Act 1994, and any legalised police cells within the meaning of section 14 of the Prisons (Scotland) Act 1989.
 
Interception with a warrant.     5. - (1) Subject to the following provisions of this Chapter, the Secretary of State may issue a warrant authorising or requiring the person to whom it is addressed, by any such conduct as may be described in the warrant, to secure any one or more of the following-
 
 
    (a) the interception in the course of their transmission by means of a postal service or telecommunication system of the communications described in the warrant;
 
    (b) the making, in accordance with an international mutual assistance agreement, of a request for the provision of such assistance in connection with, or in the form of, an interception of communications as may be so described;
 
    (c) the provision, in accordance with an international mutual assistance agreement, to the competent authorities of a country or territory outside the United Kingdom of any such assistance in connection with, or in the form of, an interception of communications as may be so described;
 
    (d) the disclosure, in such manner as may be so described, of intercepted material obtained by any interception authorised or required by the warrant, and of related communications data.
      (2) The Secretary of State shall not issue an interception warrant unless he believes-
 
 
    (a) that the warrant is necessary on grounds falling within subsection (3); and
 
    (b) that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.
      (3) Subject to the following provisions of this section, a warrant is necessary on grounds falling within this subsection if it is necessary-
 
 
    (a) in the interests of national security;
 
    (b) for the purpose of preventing or detecting serious crime;
 
    (c) for the purpose of safeguarding the economic well-being of the United Kingdom; or
 
    (d) for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.
      (4) The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any warrant shall include whether the information which it is thought necessary to obtain under the warrant could reasonably be obtained by other means.
 
      (5) A warrant shall not be considered necessary on the ground falling within subsection (3)(c) unless the information which it is thought necessary to obtain is information relating to the acts or intentions of persons outside the British Islands.
 
      (6) The conduct authorised by an interception warrant shall be taken to include-
 
 
    (a) all such conduct (including the interception of communications not identified by the warrant) as it is necessary to undertake in order to do what is expressly authorised or required by the warrant;
 
    (b) conduct for obtaining related communications data; and
 
    (c) conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance with giving effect to the warrant.
 
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