Regulation of Investigatory Powers Bill - continued        House of Lords
PART I, COMMUNICATIONS - continued
Interception capability and costs - continued

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Technical Advisory Board.     13. There shall be a Technical Advisory Board consisting of-
 
 
    (a) up to six members appointed by the Secretary of State from among persons affected by section 12 of this Act, and
 
    (b) up to six members appointed by the Secretary of State representative of persons specified in section 6(2).
Grants for interception costs.     14. - (1) The Secretary of State shall make such payments out of money provided by Parliament to any person providing-
 
 
    (a) a postal service, or
 
    (b) a telecommunications service,
       as the Secretary of State considers would represent a fair contribution towards costs incurred, or likely to be incurred, by that person in consequence of any one or more of the matters mentioned in subsection (2).
 
      (2) Those matters are-
 
 
    (a) in relation to a person providing a postal service, the issue of interception warrants relating to communications transmitted by means of that postal service;
 
    (b) in relation to a person providing a telecommunications service, the issue of interception warrants relating to communications transmitted by means of a telecommunication system used for the purposes of that service;
 
    (c) in relation to each description of person, the imposition on that person of obligations provided for by an order under section 12.
      (3) It shall be the duty of the Secretary of State to ensure that arrangements are in force for securing that persons on whom obligations are imposed by virtue of an order under section 12 receive, by way of payments under this section, such contributions as he thinks fair towards the costs incurred, or likely to be incurred, by them in complying with requirements to provide assistance with giving effect to interception warrants.
 
 
Restrictions on use of intercepted material etc.
General safeguards.     15. - (1) Subject to subsection (6), it shall be the duty of the Secretary of State to ensure, in relation to all interception warrants, that such arrangements are in force as he considers necessary for securing-
 
 
    (a) that the requirements of subsections (2) and (3) are satisfied in relation to the intercepted material and any related communications data; and
 
    (b) in the case of warrants in relation to which there are section 8(4) certificates, that the requirements of section 16 are also satisfied.
      (2) The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each of the following-
 
 
    (a) the number of persons to whom any of the material or data is disclosed or otherwise made available,
 
    (b) the extent to which any of the material or data is disclosed or otherwise made available,
 
    (c) the extent to which any of the material or data is copied, and
 
    (d) the number of copies that are made,
       is limited to the minimum that is necessary for the authorised purposes.
 
      (3) The requirements of this subsection are satisfied in relation to the intercepted material and any related communications data if each copy made of any of the material or data (if not destroyed earlier) is destroyed as soon as there are no longer any grounds for retaining it as necessary for any of the authorised purposes.
 
      (4) For the purposes of this section something is necessary for the authorised purposes if, and only if-
 
 
    (a) it continues to be, or is likely to become, necessary as mentioned in section 5(3);
 
    (b) it is necessary for facilitating the carrying out of any of the functions under this Chapter of the Secretary of State;
 
    (c) it is necessary for facilitating the carrying out of any functions in relation to this Part of the Interception of Communications Commissioner or of the Tribunal;
 
    (d) it is necessary to ensure that a person conducting a criminal prosecution has the information he needs to determine what is required of him by his duty to secure the fairness of the prosecution; or
 
    (e) it is necessary for the performance of any duty imposed on any person by the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.
      (5) The arrangements for the time being in force under this section for securing that the requirements of subsection (2) are satisfied in relation to the intercepted material or any related communications data must include such arrangements as the Secretary of State considers necessary for securing that every copy of the material or data that is made is stored, for so long as it is retained, in a secure manner.
 
      (6) Arrangements in relation to interception warrants which are made for the purposes of subsection (1)-
 
 
    (a) shall not be required to secure that the requirements of subsections (2) and (3) are satisfied in so far as they relate to any of the intercepted material or related communications data, or any copy of any such material or data, possession of which has been surrendered to any authorities of a country or territory outside the United Kingdom; but
 
    (b) shall be required to secure, in the case of every such warrant, that possession of the intercepted material and data and of copies of the material or data is surrendered to authorities of a country or territory outside the United Kingdom only if the requirements of subsection (7) are satisfied.
      (7) The requirements of this subsection are satisfied in the case of a warrant if it appears to the Secretary of State-
 
 
    (a) that requirements corresponding to those of subsections (2) and (3) will apply, to such extent (if any) as the Secretary of State thinks fit, in relation to any of the intercepted material or related communications data possession of which, or of any copy of which, is surrendered to the authorities in question; and
 
    (b) that restrictions are in force which would prevent, to such extent (if any) as the Secretary of State thinks fit, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in such a disclosure as, by virtue of section 17, could not be made in the United Kingdom.
      (8) In this section "copy", in relation to intercepted material or related communications data, means any of the following (whether or not in documentary form)-
 
 
    (a) any copy, extract or summary of the material or data which identifies itself as the product of an interception, and
 
    (b) any record referring to an interception which is a record of the identities of the persons to or by whom the intercepted material was sent, or to whom the communications data relates,
       and "copied" shall be construed accordingly.
 
Extra safeguards in the case of certificated warrants.     16. - (1) For the purposes of section 15 the requirements of this section, in the case of a warrant in relation to which there is a section 8(4) certificate, are that the intercepted material is read, looked at or listened to by the persons to whom it becomes available by virtue of the warrant to the extent only that it-
 
 
    (a) has been certified as material the examination of which is necessary as mentioned in section 5(3)(a), (b) or (c); and
 
    (b) falls within subsection (2).
      (2) Subject to subsections (3) and (4), intercepted material falls within this subsection so far only as it is selected to be read, looked at or listened to otherwise than according to a factor which-
 
 
    (a) is referable to an individual who is known to be for the time being in the British Islands; and
 
    (b) has as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him.
      (3) Intercepted material falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if-
 
 
    (a) it is certified by the Secretary of State for the purposes of section 8(4) that the examination of material selected according to factors referable to the individual in question is necessary as mentioned in subsection 5(3)(a), (b) or (c); and
 
    (b) the material relates only to communications sent during a period of not more than three months specified in the certificate.
      (4) Intercepted material also falls within subsection (2), notwithstanding that it is selected by reference to any such factor as is mentioned in paragraph (a) and (b) of that subsection, if-
 
 
    (a) the person to whom the warrant is addressed believes, on reasonable grounds, that the circumstances are such that the material would fall within that subsection; or
 
    (b) the conditions set out in subsection (5) below are satisfied in relation to the selection of the material.
      (5) Those conditions are satisfied in relation to the selection of intercepted material if-
 
 
    (a) it has appeared to the person to whom the warrant is addressed that there has been such a relevant change of circumstances as, but for subsection (4)(b), would prevent the intercepted material from falling within subsection (2);
 
    (b) since it first so appeared, a written authorisation to read, look at or listen to the material has been given by a senior official; and
 
    (c) the selection is made before the end of the first working day after the day on which it first so appeared to that person.
      (6) References in this section to its appearing that there has been a relevant change of circumstances are references to its appearing either-
 
 
    (a) that the individual in question has entered the British Islands; or
 
    (b) that a belief by the person to whom the warrant is addressed in the individual's presence outside the British Islands was in fact mistaken.
 
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