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Interception of Communications Act 1985

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This is the original version (as it was originally enacted).

10Interpretation

(1)In this Act, unless the context otherwise requires—

  • "the 1984 Act" means the [1984 c. 12.] Telecommunications Act 1984;

  • "address" means any postal or telecommunication address ;

  • " copy ", in relation to intercepted material, means any of the following, whether or not in documentary form—

    (a)

    any copy, extract or summary of the material; and

    (b)

    any record of the identities of the persons to or by whom the material was sent,

    and cognate expressions shall be construed accordingly ;

  • " external communication " means a communication sent or received outside the British Islands;

  • " high judicial office " has the same meaning as in the [1876 c. 59.] Appellate Jurisdiction Act 1876 ;

  • " intercepted material", in relation to a warrant, means the communications intercepted in obedience to that warrant;

  • " person " includes any organisation and any association or combination of persons ;

  • " public telecommunications operator " and " public telecommunication system " have the same meanings as in the 1984 Act;

  • " public telecommunication service" means a telecommunication service provided by means of a public telecommunication system;

  • " statutory maximum " has the meaning given by section 74 of the [1982 c. 48.] Criminal Justice Act 1982 ;

  • " telecommunication service " has the same meaning as in the 1984 Act;

  • " the Tribunal" means the tribunal established under section 7 above;

  • " wireless telegraphy" has the same meaning as in the [1949 c. 54.] Wireless Telegraphy Act 1949 ;

  • " working day " means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2)For the purposes of this Act a communication which is in the course of its transmission otherwise than by means of a public telecommunication system shall be deemed to be in the course of its transmission by means of such a system if its mode of transmission identifies it as a communication which—

(a)is to be or has been transmitted by means of such a system; and

(b)has been sent from, or is to be sent to, a country or territory outside the British Islands.

(3)For the purposes of this Act conduct which constitutes or, if it took place in the United Kingdom, would constitute one or more offences shall be regarded as serious crime if, and only if—

(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose ; or

(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more.

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