Regulation of Investigatory Powers Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 45
 
  
BY THE LORD BASSAM OF BRIGHTON
 
137     Page 48, line 5, leave out ("(5)") and insert ("(5A)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
138     Page 48, line 39, leave out subsection (4) 
  
BY THE LORD BASSAM OF BRIGHTON
 
138A     Page 49, line 6, leave out subsection (7) 
  
Clause 46
 
  
BY THE LORD LUCAS
THE LORD McNALLY
 
139     Page 49, line 35, leave out (", or is likely to do so") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
139WA*     Page 49, line 38, leave out (", or is likely to do so") 
139XA*     Page 49, line 42, leave out (", or is likely to do so") 
139YA*     Page 49, line 45, leave out (", or is likely to do so") 
139ZA*     Page 50, line 3, leave out from ("excise") to end of line 5 
  
BY THE EARL OF NORTHESK
 
139A     Page 50, line 5, at end insert--
 
    ("(  )  If any person with the appropriate permission under Schedule 1 believes on reasonable grounds--
    (a)  that any person is able to put the protected information into an intelligible form,
    (b)  that the imposition of a requirement to disclose the information in intelligible form, or to disclose the key to the protected information, is--
          (i)  necessary on grounds falling within subsection (3), or
          (ii)  likely to be of value for purposes connected with the exercise or performance by any public authority of any statutory power or statutory duty,
    (c)  that the imposition of such a requirement is proportionate, taking into account the full consequences of its disclosure, to what is sought to be achieved by its imposition,
    (d)  that the information in intelligible form, or the key, cannot reasonably be obtained by the person with the appropriate permission without the giving of a notice under this section,
the person with that permission may, by notice to the person whom he believes to be able to put the protected information into an intelligible form, require the disclosure of that information in an intelligible form, or, in the circumstances provided for in section 47, the disclosure of the key.")
 
139B     Page 50, line 7, after ("believes") insert ("that the protected information cannot reasonably be obtained by him by means other than the giving of a notice under this section and if that person believes") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
139C     Page 50, line 10, leave out ("the imposition of a requirement to disclose the key") and insert ("a requirement to provide the information") 
  
BY THE LORD BASSAM OF BRIGHTON
 
139D*     Page 50, line 10, leave out ("requirement to disclose the key") and insert ("disclosure requirement in respect of the protected information") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
140     Page 50, line 10, leave out second ("the") and insert ("such a") 
141     Page 50, line 12, leave out sub-paragraph (ii) 
  
BY THE EARL OF NORTHESK
 
141A     Page 50, line 17, leave out paragraph (d) 
  
BY THE LORD BASSAM OF BRIGHTON
 
141B*     Page 50, line 17, leave out from ("that") to ("without") in line 18 and insert ("it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
142     Page 50, line 17, leave out first ("the") and insert ("such a") 
143     Page 50, line 17, leave out ("key cannot reasonably be obtained") and insert ("protected information cannot reasonably be accessed or put into intelligible form") 
144     Page 50, line 21, leave out first ("the") and insert ("such a") 
  
BY THE LORD BASSAM OF BRIGHTON
 
144A*     Page 50, line 21, leave out ("require the disclosure of the key") and insert ("impose a disclosure requirement in respect of the protected information") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
144B     Page 50, line 21, leave out ("the disclosure of the key") and insert ("him to provide the information in an intelligible form") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
144C     Page 50, line 21, leave out third ("the") and insert ("some such") 
  
BY THE LORD BASSAM OF BRIGHTON
 
144D*     Page 50, line 22, leave out ("requirement to disclose a key") and insert ("disclosure requirement in respect of any protected information") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
144E     Page 50, line 22, leave out ("to disclose a key") and insert ("under this section or section (Permission for notice requiring key disclosure)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
144F*     Page 50, line 27, leave out ("requiring the disclosure of any key") and insert ("imposing a disclosure requirement in respect of any protected information") 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
144G     Page 50, line 27, leave out ("requiring the disclosure of any key") and insert ("or section (Permission for notice requiring key disclosure)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
145     Page 50, line 28, leave out ("not in writing)") and insert ("given by electronic means)") 
146     Page 50, line 29, at end insert ("and received") 
  
BY THE LORD LUCAS
 
146A     Page 50, line 29, at end insert--
    ("(  )  must specify the person to whom the notice is given;
    (  )  should, other than in exceptional circumstances, be given to the most senior person appropriate in any organisation;")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
147     Page 50, line 31, leave out ("(2)(b)(i) or (ii)") and insert ("(2)(b)") 
148     Page 50, line 31, leave out ("(2)(b)(i) or (ii)") and insert ("(2)(b)(ii) or (3)") 
149     Page 50, line 33, at end insert ("and must identify the person who gave the appropriate permission, and the paragraph of Schedule 1 under which it was given") 
  
BY THE LORD BASSAM OF BRIGHTON
 
149XA*     Page 50, line 33, at end insert--
    ("(  )  must specify the office, rank or position of the person who for the purposes of Schedule 1 granted permission for the giving of the notice or (if the person giving the notice was entitled to give it without another person's permission) must set out the circumstances in which that entitlement arose;")
 
149YA*     Page 50, line 34, leave out paragraph (e) 
  
BY THE LORD LUCAS
 
149ZA     Page 50, line 36, at end insert--
    ("(  )  may contain a requirement as described in section 50(1), and may in exceptional circumstances forbid the taking of action to preserve the confidentiality of other communications;")
 
  
BY THE EARL OF NORTHESK
 
149A     Page 50, line 37, leave out ("the time by") and insert ("a period, not exceeding 40 days, within") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
150     Page 50, line 37, at end insert (",  such time being reasonable having regard to the technical difficulties of performing the disclosure") 
  
BY THE LORD BASSAM OF BRIGHTON
 
150ZA*     Page 50, line 38, leave out paragraph (g) and insert--
    ("(  )  must set out the disclosure that is required by the notice and the form and manner in which it is to be made;")
 
  
BY THE EARL OF NORTHESK
 
150A     Page 50, line 39, after ("notice;") insert--
    ("(  )  must specify a period, not exceeding 40 days, within which the notice shall be deemed to have expired;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
150B*     Page 50, line 40, after ("(a)") insert ("and subsections (4A) and (4B)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
151     Page 50, line 41, leave out ("the person giving it thinks fit") and insert ("may be specified by a code of practice issued under section 63") 
  
BY THE EARL OF NORTHESK
 
151A     Page 50, line 41, leave out ("the person giving it thinks fit") and insert ("is appropriate for the purposes of the notice") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
152     Page 50, line 41, at end insert ("and
    (  )  must specify a date after which (subject to renewal) it shall cease to have effect, which shall not be later than the date after which (subject to renewal) the permission to issue that notice shall have ceased to have effect")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
152A*     Page 50, line 41, at end insert--
 
    ("(4A)  Where it appears to a person with the appropriate permission--
    (a)  that more than one person is in possession of the key to any protected information,
    (b)  that any of those persons is in possession of that key in his capacity as the officer or employee of any body corporate, and
    (c)  another of those persons is the body corporate itself or another officer or employee of the body corporate,
a notice under this section shall not be given, by reference to his possession of the key, to any officer or employee of the body corporate unless he is a senior officer of the body corporate or it appears to the person giving the notice that there is no senior officer of the body corporate and (in the case of an employee) no more senior employee of the body corporate to whom it is reasonably practicable to give the notice.
 
    (4B)  Where it appears to a person with the appropriate permission--
    (a)  that more than one person is in possession of the key to any protected information,
    (b)  that any of those persons is in possession of that key in his capacity as an employee of a firm, and
    (c)  another of those persons is the firm itself or a partner of the firm,
a notice under this section shall not be given, by reference to his possession of the key, to any employee of the firm unless it appears to the person giving the notice that there is neither a partner of the firm nor a more senior employee of the firm to whom it is reasonably practicable to give the notice.
 
    (4C)  Subsections (4A) and (4B) shall not apply to the extent that there are special circumstances of the case that mean that the purposes for which the notice is given would be defeated, in whole or in part, if the notice were given to the person to whom it would otherwise be required to be given by those subsections.")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
153     Page 50, line 41, at end insert--
 
    ("(  )  Where a person who has given a notice under this section is satisfied--
    (a)  that it is no longer necessary on grounds falling within subsection (2) for the requirements of the notice to be complied with, or
    (b)  that the imposition of those requirements is no longer proportionate to what is sought to be achieved by its imposition,
he shall cancel the notice.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
153A     Page 50, line 42, leave out ("this section") and insert ("section (Permission for notice requiring key disclosure)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
153B*     Page 50, line 42, leave out ("disclosure of a key") and insert ("making of any disclosure") 
  
BY THE LORD LUCAS
 
154     Page 50, line 46, at end insert--
 
("and such persons may not, without authorisation under this or another enactment, disclose the key to any other person or use the key to read any information other than that described pursuant to subsection (4)(b)")
 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
155     Page 50, line 46, at end insert--
 
("but the provisions of the notice shall not specify or otherwise identify a person for the purpose of paragraph (b) unless he is of the class of persons who could have given the notice")
 
156     Page 50, line 46, at end insert--
 
    ("(  )  A notice shall not be considered necessary on the ground falling within subsection (3)(c) unless the information protected by the key which is sought to be disclosed is information relating to the acts or intentions of persons outside the British Islands.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD McNALLY
 
156A     Page 51, line 1, leave out ("this section") and insert ("section (Permission for notice requiring key disclosure)") 
  
BY THE LORD McNALLY
THE BARONESS HARRIS OF RICHMOND
THE LORD PHILLIPS OF SUDBURY
 
157     Page 51, leave out lines 2 to 5 and insert ("where--
    (a)  it is intended to be used for the purpose only of generating electronic signatures and has not in fact been used for any other purpose; or
    (b)  the protected information to which that key relates is itself a further key whose disclosure could not be required by virtue of this subsection.")
 
158     Page 51, line 5 at end insert ("--
          (i)  at any time during the period within which the notice, or any notice of which the relevant notice is a renewal, is in effect, or
          (ii)  at any time during a period prior to the coming into effect of the notice, and of any warrant or instrument which contained permission for the issuing of the notice, that is commensurate with the period within which the investigations or events which gave rise to the issuing of that notice, warrant or instrument were taking place")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
158A*     Page 51, line 5, at end insert--
 
    ("(  )  In this section "senior officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.")
 
 
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Prepared 27 June 2000