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Investigatory Powers Act 2016
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Investigatory Powers Act 2016, Section 3 is up to date with all changes known to be in force on or before 16 November 2024. 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90(4)-(4B) substituted for s. 90(4) by 2024 c. 9 s. 18(2)(a)
- s. 90(5A) inserted by 2024 c. 9 s. 18(2)(c)
- s. 90(9A)(9B) inserted by 2024 c. 9 s. 18(2)(d)
- s. 90(11A) inserted by 2024 c. 9 s. 18(2)(f)
- s. 90(14)-(16) inserted by 2024 c. 9 s. 18(2)(g)
- s. 257(3)-(3B) substituted for s. 257(3) by 2024 c. 9 s. 18(5)(a)
- s. 257(4A) inserted by 2024 c. 9 s. 18(5)(c)
- s. 257(8A)(8B) inserted by 2024 c. 9 s. 18(5)(d)
- s. 257(10A) inserted by 2024 c. 9 s. 18(5)(f)
- s. 257(13)-(15) inserted by 2024 c. 9 s. 18(5)(g)
- s. 258A 258B inserted by 2024 c. 9 s. 21(2)
- s. 267(3)(ja) inserted by 2024 c. 9 s. 21(3)(b)
3Offence of unlawful interceptionU.K.
This section has no associated Explanatory Notes
(1)A person commits an offence if—
(a)the person intentionally intercepts a communication in the course of its transmission by means of—
(i)a public telecommunication system,
(ii)a private telecommunication system, or
(iii)a public postal service,
(b)the interception is carried out in the United Kingdom, and
(c)the person does not have lawful authority to carry out the interception.
(2)But it is not an offence under subsection (1) for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person—
(a)is a person with a right to control the operation or use of the system, or
(b)has the express or implied consent of such a person to carry out the interception.
(3)Sections 4 and 5 contain provision about—
(a)the meaning of “interception”, and
(b)when interception is to be regarded as carried out in the United Kingdom.
(4)Section 6 contains provision about when a person has lawful authority to carry out an interception.
(5)For the meaning of the terms used in subsection (1)(a)(i) to (iii), see sections 261 and 262.
(6)A person who is guilty of an offence under subsection (1) is liable—
(a)on summary conviction in England and Wales, to a fine;
(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
(c)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
(7)No proceedings for any offence which is an offence by virtue of this section may be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Commencement Information
I1S. 3 in force at 27.6.2018 by S.I. 2018/652, reg. 7(b)
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