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

back to previous amendments
 
  
After Clause 67
 
  
BY THE LORD BASSAM OF BRIGHTON
 
203A     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2) where--
    (a)  an authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,
    (b)  the conduct so described is or includes conduct to which Part II of this Act applies, and
    (c)  circumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,
section 26 of this Act shall have effect for the purpose of making lawful the carrying out outwith Scotland of the conduct so described as if the authorisation, so far as is it relates to conduct to which that Part applies, were an authorisation duly granted under that Part.
 
    (2)  Where any such circumstances as are mentioned in paragraph (c) of subsection (1) so arise as to give effect outwith Scotland to any authorisation granted under the relevant Scottish legislation, that authorisation shall not authorise any conduct outwith Scotland at any time after the end of the period of three weeks beginning with the time when the circumstances arose.
 
    (3)  Subsection (2) is without prejudice to the operation of subsection (1) in relation to any authorisation on the second or any subsequent occasion on which any such circumstances as are mentioned in subsection (1)(c) arise while the authorisation remains in force.
 
    (4)  In this section "the relevant Scottish legislation" means an enactment contained in or made under an Act of the Scottish Parliament which makes provision, corresponding to that made by Part II, for the authorisation of conduct to which that Part applies.")
Surveillance etc operations beginning in Scotland.
  
Clause 69
 
  
BY THE LORD BASSAM OF BRIGHTON
 
203B     Page 75, line 20, leave out from ("instrument") to end of line 22 and insert ("which contains any order made in exercise of a power to which this section applies (other than the power to appoint a day under section 74(2)) but which contains neither") 
204     Page 75, line 24, after ("12(7),") insert (" 21(9),") 
205     Page 75, line 24, after ("12(7),") insert (" 27(5),") 
206     Page 75, line 24, after ("12(7),") insert (" 28(5A),") 
207     Page 75, line 24 after ("12(7),") insert (" 29(4B),") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
208     Page 75, line 24, after ("12(7),") insert ("24(5)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
208A     Page 75, line 24, at end insert ("nor") 
208B     Page 75, line 25, leave out from ("applies") to end of line 26 
208C     Page 75, line 28, at end insert--
 
    ("(  )  A statutory instrument containing any regulations made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
  
Clause 72
 
  
BY THE LORD BASSAM OF BRIGHTON
 
209     Page 76, line 29, at end insert--
    (""Assistant Surveillance Commissioner" means any person holding office under section (Assistant Surveillance Commissioners);")
 
  
BY THE LORD LUCAS
 
210     Page 76, leave out lines 33 to 39 and insert ("anything which serves to transmit information") 
211     Page 77, line 1, leave out from ("includes") to end of line 2 and insert ("anything on which information is recorded;") 
  
BY THE LORD BASSAM OF BRIGHTON
 
211A     Page 77, leave out lines 10 and 11 
211B     Page 77, line 23, leave out ("(subject to section 45(7))") 
  
BY THE LORD COPE OF BERKELEY
 
212     Page 77, leave out lines 36 to 40 and insert--
    postal service" means any service which--
          (a)  consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; and
          (b)  is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;
    private telecommunication system" means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied--
          (a)  it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; and
          (b)  there is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;
    public postal service" means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
    public telecommunications service" means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;
    public telecommunication system" means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
212A     Page 77, leave out lines 44 and 45 
213     Page 78, line 2, at end insert ("or a member of the Senior Management Structure of Her Majesty's Diplomatic Service") 
  
BY THE LORD COPE OF BERKELEY
 
214     Page 78, leave out lines 12 and 13 and insert--
    (""telecommunications service" means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service);
    telecommunication system" means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
215     Page 78, line 47, at end insert--
 
    ("(4A)  For the purposes of this Act detecting crime shall be taken to include--
    (a)  establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and
    (b)  the apprehension of the person by whom any crime was committed;
and any reference in this Act to preventing or detecting serious crime shall be construed accordingly, except that, in Chapter I of Part I, it shall not include a reference to gathering evidence for use in any legal proceedings.")
 
  
BY THE LORD COPE OF BERKELEY
 
216     Page 79, line 11, leave out subsection (6) 
  
BY THE LORD BASSAM OF BRIGHTON
 
217     Page 79, line 12, leave out ("civil") insert ("home civil service or diplomatic") 
  
BY THE LORD COPE OF BERKELEY
 
218     Page 79, line 15, at end insert--
 
    ("(7)  For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he--
    (a)  so modifies or interferes with the system, or its operation,
    (b)  so monitors transmissions made by means of the system, or
    (c)  so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.
 
    (8)  References in this Act to the interception of a communication do not include references to the interception of any communication broadcast for general reception.
 
    (9)  For the purposes of this Act the interception of a communication takes place in the United Kingdom if, and only if, the modification, interference or monitoring or, in the case of a postal item, the interception is effected by conduct within the United Kingdom and the communication is either--
    (a)  intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or
    (b)  intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.
    (10)  References in this Act to the interception of a communication in the course of its transmission by means of a postal service or telecommunication system do not include references to--
    (a)  any conduct that takes place in relation only to so much of the communication as consists in any address or other data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or
    (b)  any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying addresses and other data so comprised or attached.
    (11)  For the purposes of this section references to the modification of a telecommunication system include references to the attachment of any apparatus to, or other modification of or interference with--
    (a)  any part of the system; or
    (b)  any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.
    (12)  For the purposes of this section the times while a communication is being transmitted by means of a telecommunication system shall be taken to include any time when the system by means of which the communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.
 
    (13)  For the purposes of this section the cases in which any contents of a communication are to be taken to be made available to a person while being transmitted shall include any case in which any of the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently.
 
    (14)  References in this section to data being attached to a communication include references to the data and the communication being logically associated with each other.
 
    (15)  In this section "postal item" means any letter, postcard or other such thing in writing as may be used by the sender for imparting information to the recipient, or any packet or parcel.")
 
  
Schedule 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
219     Page 87, line 7, leave out ("(within the meaning of the Regulation of Investigatory Powers Act 2000)") 
220     Page 87, line 11, after ("2000;") insert--
      ("(  )  in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information;")
 
220A*     Page 87, line 12, leave out from second ("under") to end of line 13 
221     Page 87, line 15, leave out ("any Commissioner appointed under that Act of 2000") and insert ("the Interception of Communications Commissioner") 
222     Page 87, line 16, at end insert--
        ("(3)  In subsection (2) above `criminal proceedings' and `statutory power' have the same meanings as in the Regulation of Investigatory Powers Act 2000."")
 
  
BY THE LORD COPE OF BERKELEY
 
222ZA     Page 87, line 16, at end insert-- 
 ("The Legal Aid (Scotland) Act 1986 (c. 47) 
     .  At the end of paragraph 1 of Part I of Schedule 2 there shall be inserted--
    in the Regulation of Investigatory Powers Tribunal."")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
222A     Page 87, line 17, at end insert-- 
     ("  .--(1)  In section 1 of the Security Service Act 1989 (functions of the Security Service), after subsection (4) there shall be inserted--
        (5)  Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of `prevention' and `detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I."
    (2)  In section 2(2)(a) of that Act (duty of Director General to secure that information not disclosed except for authorised purposes), for "preventing or detecting" there shall be substituted "the prevention or detection of".")
1989 c. 5.
222B     Page 87, line 18, leave out paragraph 4 
223     [Withdrawn] 
223A     Page 87, line 35, leave out paragraph 6 
224     [Withdrawn] 
224A     Page 87, line 45, at end insert-- 
     (".  In section 11 of the Intelligence Services Act 1994 (interpretation), after subsection (1) there shall be inserted--
        (1A)  Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of `prevention' and `detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act."  ")
1994 c. 13.
225     Page 88, line 14, at end insert ("and after "Commissioners" there shall be inserted "and any Assistant Surveillance Commissioners holding office under section (Assistant Surveillance Commissioners) of the Regulation of Investigatory Powers Act 2000"") 
225A*     Page 90, line 15, leave out ("requiring a key to protected information)") and insert ("imposing a disclosure requirement in respect of information protected by a key)") 
226     Page 90, line 33, at end insert--
 
    ("(13)  In Part VII of that Act, before section 134 there shall be inserted--
 
 <~et>Meaning of `prevention' and `detection'.     133A. Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of `prevention' and `detection') shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I."  ") 
226A     Page 90, line 45, at end insert-- 
 ("The Financial Services and Markets Act 2000 (c. 8) 
      .  In section 394(7) of the Financial Services and Markets Act 2000 (exclusion of material from material of the Authority to which a person must be allowed access), for paragraphs (a) and (b) there shall be substituted--
    (a)  is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 16 of the Regulation of Investigatory Powers Act 2000; or"")
 
227     Page 90, leave out lines 47 to 50 and insert--
 
    ("11.--(1)  In section 9(2)(d) of the Terrorism Act 2000 (proceedings under the Human Rights Act 1998), for "8" there shall be substituted "7".
 
    (2)  In each of paragraphs 6(3) and 7(5) of Schedule 3 to that Act (references to an organisation and representative in paragraphs 5 and 8 of that Schedule), for "paragraphs 5 and 8" there shall be substituted "paragraph 5".")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
228     Page 91, line 35, column 3, leave out ("11(2)") and insert ("11(3)") 
228A     Page 91, column 3, leave out line 37 and insert-- 
 ("Sections 4 and 5.") 
228B     Page 91, column 3, leave out line 47 and insert-- 
 ("Sections 8 and 9.") 
229     Page 92, line 45, at end insert-- 
 ("2000 c. 00.The Terrorism Act 2000.In Schedule 3, paragraph 8.") 
  
Clause 74
 
  
BY THE LORD BASSAM OF BRIGHTON
 
230     Page 80, line 1, leave out subsections (3) to (5) 
  
In the Title
 
  
BY THE LORD BASSAM OF BRIGHTON
 
231     Line 6, leave out ("the establishment of a tribunal with") and insert ("Commissioners and a tribunal with functions and") 
 
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