The Retention of Communications Data (Extension of Initial Period) Order 2003

Statutory Instruments

2003 No. 3173

INVESTIGATORY POWERS

The Retention of Communications Data (Extension of Initial Period) Order 2003

Made

4th December 2003

Coming into force

5th December 2003

Whereas a draft of this Order has been laid before Parliament and approved by resolution of each House;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 105(3) of the Anti-terrorism, Crime and Security Act 2001(1), hereby makes the following Order:

1.  This Order may be cited as the Retention of Communications Data (Extension of Initial Period) Order 2003 and shall come into force on the day after the day on which it is made.

2.  The initial period specified in section 105(2) of the Anti-terrorism, Crime and Security Act 2001 shall be extended for the period of two years beginning with the time when that period would end but for the making of this Order.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

4th December 2003

Explanatory Note

(This note is not part of the Order)

Section 105(1) of the Anti-terrorism, Crime and Security Act 2001 provides that section 104 of that Act (which confers on the Secretary of State the power to give directions about retention of communications data) shall cease to have effect at the end of the initial period unless the powers in section 104 had been exercised during that period. Section 105(2) defines the initial period as the period of two years beginning with the day on which that Act was passed (14th December 2001). This Order exercises the power in section 105(3) to extend the initial period for a period of two years beginning with the time at which that period would otherwise end.

(1)

2001 c. 24.