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Investigatory Powers Act 2016

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Changes over time for: Section 6

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Point in time view as at 14/10/2024.

Changes to legislation:

Investigatory Powers Act 2016, Section 6 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

6Definition of “lawful authority” [F1in relation to interceptions] U.K.

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(1)For the purposes of this Act, a person has lawful authority to carry out an interception if, and only if—

(a)the interception is carried out in accordance with—

(i)a targeted interception warrant or mutual assistance warrant under Chapter 1 of Part 2, or

(ii)a bulk interception warrant under Chapter 1 of Part 6,

(b)the interception is authorised by any of sections 44 to 52, or

(c)in the case of a communication stored in or by a telecommunication system, the interception—

(i)is carried out in accordance with a targeted equipment interference warrant under Part 5 or a bulk equipment interference warrant under Chapter 3 of Part 6,

(ii)is in the exercise of any statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property, or

(iii)is carried out in accordance with a court order made for that purpose.

(2)Conduct which has lawful authority for the purposes of this Act by virtue of subsection (1)(a) or (b) is to be treated as lawful for all other purposes.

(3)Any other conduct which—

(a)is carried out in accordance with a warrant under Chapter 1 of Part 2 or a bulk interception warrant, or

(b)is authorised by any of sections 44 to 52,

is to be treated as lawful for all purposes.

Textual Amendments

Commencement Information

I1S. 6 in force at 31.5.2018 by S.I. 2018/652, reg. 2(d) (with regs. 19(3)(a), 20)

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