Investigatory Powers Act 2016

Supplementary provision U.K.

174 Offence of making unauthorised disclosure U.K.

(1) It is an offence for—

(a) a telecommunications operator who is under a duty by virtue of section 170 to assist in giving effect to a bulk acquisition warrant, or

(b) any person employed or engaged for the purposes of the business of such an operator,

to disclose to any person, without reasonable excuse, the existence or contents of the warrant.

(2) For the purposes of subsection (1), it is, in particular, a reasonable excuse if the disclosure is made with the permission of the Secretary of State.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding [F1 the general limit in a magistrates’ court] (or 6 months, if the offence was committed before [F2 2 May 2022]), or

(ii) to a fine,

or to both;

(b) on summary conviction in Scotland—

(i) to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(c) on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding the statutory maximum,

or to both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Textual Amendments

F1 Words in s. 174(3)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F2 Words in s. 174(3)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement Information

I1 S. 174 in force at 22.8.2018 by S.I. 2018/873, reg. 3(b)

175 Chapter 2: interpretation U.K.

(1) In this Chapter—

• “communications data” does not include communications data within the meaning given by section 262(3),

• “senior official” means—

  (a)

  a member of the Senior Civil Service, or

  (b)

  a member of the Senior Management Structure of Her Majesty's Diplomatic Service,

• “the specified operational purposes” has the meaning given by section 161(11).

(2) See also—

• section 261 (telecommunications definitions),

• section 263 (general definitions),

• section 265 (index of defined expressions).

Commencement Information

I2 S. 175 in force at 25.7.2018 by S.I. 2018/873, reg. 2(h)