a public postal service; or

a public telecommunication system.

intentionally and without lawful authority, and

otherwise than in circumstances in which his conduct is excluded by subsection (6) from criminal liability under this subsection,

an interception of that communication in the course of its transmission by means of that private system; or

an interception of that communication in the course of its transmission, by means of a public telecommunication system, to or from apparatus comprised in that private telecommunication system.

relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

is designated for the purposes of this subsection by an order made by the Secretary of State,

it is authorised by or under section 3 or 4;

it takes place in accordance with a warrant under section 5 (“an interception warrant”); or

it is in exercise, in relation to any stored communication, of any statutory power that is exercised (apart from this section) for the purpose of obtaining information or of taking possession of any document or other property;

he is a person with a right to control the operation or the use of the system; or

he has the express or implied consent of such a person to make the interception.

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

on summary conviction, to a fine not exceeding the statutory maximum.

in England and Wales, except by or with the consent of the Director of Public Prosecutions;

in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

so modifies or interferes with the system, or its operation,

so monitors transmissions made by means of the system, or

so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,

intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or

intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.

any conduct that takes place in relation only to so much of the communication as consists in any traffic data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or

any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying traffic data so comprised or attached.

any part of the system; or

any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.

any data identifying, or purporting to identify, any person, apparatus or location to or from which the communication is or may be transmitted,

any data identifying or selecting, or purporting to identify or select, apparatus through which, or by means of which, the communication is or may be transmitted,

any data comprising signals for the actuation of apparatus used for the purposes of a telecommunication system for effecting (in whole or in part) the transmission of any communication, and

any data identifying the data or other data as data comprised in or attached to a particular communication,

references, in relation to traffic data comprising signals for the actuation of apparatus, to a telecommunication system by means of which a communication is being or may be transmitted include references to any telecommunication system in which that apparatus is comprised; and

references to traffic data being attached to a communication include references to the data and the communication being logically associated with each other;

a communication sent by a person who has consented to the interception; and

a communication the intended recipient of which has so consented.

the communication is one sent by, or intended for, a person who has consented to the interception; and

surveillance by means of that interception has been authorised under Part II.

it is conduct by or on behalf of a person who provides a postal service or a telecommunications service; and

it takes place for purposes connected with the provision or operation of that service or with the enforcement, in relation to that service, of any enactment relating to the use of postal services or telecommunications services.

with the authority of a designated person under section 5 of the M92Wireless Telegraphy Act 1949 (misleading messages and interception and disclosure of wireless telegraphy messages); and

for purposes connected with anything falling within subsection (5).

the issue of licences under the M93Wireless Telegraphy Act 1949;

the prevention or detection of anything which constitutes interference with wireless telegraphy; and

the enforcement of any enactment contained in that Act or of any enactment not so contained that relates to such interference.

the interception is carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom;

the person who provides that service (whether the interceptor or another person) is required by the law of that country or territory to carry out, secure or facilitate the interception in question;

the situation is one in relation to which such further conditions as may be prescribed by regulations made by the Secretary of State are required to be satisfied before conduct may be treated as authorised by virtue of this subsection; and

the conditions so prescribed are satisfied in relation to that situation.

communications by means of which transactions are entered into in the course of that business; or

other communications relating to that business or taking place in the course of its being carried on.

any prison, young offender institution, young offenders centre or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the M7Prison Act 1952 or the M8Prison Act (Northern Ireland) 1953, or

any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the M9Prisons (Scotland) Act 1989,

the interception in the course of their transmission by means of a postal service or telecommunication system of the communications described in the warrant;

the making, in accordance with an international mutual assistance agreement, of a request for the provision of such assistance in connection with, or in the form of, an interception of communications as may be so described;

the provision, in accordance with an international mutual assistance agreement, to the competent authorities of a country or territory outside the United Kingdom of any such assistance in connection with, or in the form of, an interception of communications as may be so described;

the disclosure, in such manner as may be so described, of intercepted material obtained by any interception authorised or required by the warrant, and of related communications data.

that the warrant is necessary on grounds falling within subsection (3); and

that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct.

in the interests of national security;

for the purpose of preventing or detecting serious crime;

for the purpose of safeguarding the economic well-being of the United Kingdom; or

for the purpose, in circumstances appearing to the Secretary of State to be equivalent to those in which he would issue a warrant by virtue of paragraph (b), of giving effect to the provisions of any international mutual assistance agreement.

all such conduct (including the interception of communications not identified by the warrant) as it is necessary to undertake in order to do what is expressly authorised or required by the warrant;

conduct for obtaining related communications data; and

conduct by any person which is conduct in pursuance of a requirement imposed by or on behalf of the person to whom the warrant is addressed to be provided with assistance with giving effect to the warrant.

the Director-General of the Security Service;

the Chief of the Secret Intelligence Service;

the Director of GCHQ;

the Director General of the F1Serious Organised Crime Agency ;

the Commissioner of Police of the Metropolis;

the Chief Constable of the Royal Ulster Constabulary;

the chief constable of any police force maintained under or by virtue of section 1 of the M13Police (Scotland) Act 1967;

the Commissioners of Customs and Excise;

the Chief of Defence Intelligence;

a person who, for the purposes of any international mutual assistance agreement, is the competent authority of a country or territory outside the United Kingdom.

under the hand of the Secretary of State F3or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive; or

in a case falling within subsection (2) F4(a) or (b), under the hand of a senior official.

in a case falling within subsection (2)(aa), under the hand of a member of the staff of the Scottish Administration who is a member of the Senior Civil Service and who is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.

an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant in that case; and

an urgent case in which the Scottish Ministers have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the use of the warrant in that case and a statement of that fact is endorsed on the warrant; and

must be addressed to the person falling within section 6(2) by whom, or on whose behalf, the application for the warrant was made; and

a statement that the case is an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant;

a statement that the warrant is issued for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom.

a statement that the interception subject appears to be outside the United Kingdom;

a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.

one person as the interception subject; or

a single set of premises as the premises in relation to which the interception to which the warrant relates is to take place.

communications from, or intended for, the person named or described in the warrant in accordance with subsection (1); or

communications originating on, or intended for transmission to, the premises so named or described.

the description of communications to which the warrant relates confines the conduct authorised or required by the warrant to conduct falling within subsection (5); and

the interception of external communications in the course of their transmission by means of a telecommunication system; and

any conduct authorised in relation to any such interception by section 5(6).

shall cease to have effect at the end of the relevant period; but

may be renewed, at any time before the end of that period, by an instrument under the hand of the Secretary of State F7or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive or, in a case falling within section 7(2)(b), under the hand of a senior official.

the warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed by an instrument containing the statement set out in subsection (5)(b)(i) of this section, and

the latest renewal (if any) of the warrant is not a renewal by an instrument under the hand of the Secretary of State,

a statement that the renewal is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom; and

in relation to an unrenewed warrant issued in a case falling within section 7(2)(a) under the hand of a senior official, means the period ending with the fifth working day following the day of the warrant’s issue;

in relation to an unrenewed warrant which is endorsed under the hand of the Secretary of State with a statement that the issue of the warrant is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant's issue;

in relation to a renewed warrant the latest renewal of which was by an instrument endorsed under the hand of the Secretary of State with a statement that the renewal is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant’s renewal; and

in all other cases, means the period of three months beginning with the day of the warrant’s issue or, in the case of a warrant that has been renewed, of its latest renewal.

modify the provisions of an interception warrant; or

modify a section 8(4) certificate so as to include in the certified material any material the examination of which he considers to be necessary as mentioned in section 5(3)(a), (b) or (c).

the Secretary of State has himself expressly authorised the modification; and

a statement of that fact is endorsed on the modifying instrument.

they have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the modification; and

a statement of that fact is endorsed on the modifying instrument

the person to whom the warrant is addressed, or

a person holding a position subordinate to that person,

in the case of an unrenewed warrant, that the warrant is endorsed with a statement that the issue of the warrant is believed to be necessary in the interests of national security; and

in the case of a renewed warrant, that the instrument by which it was last renewed is endorsed with a statement that the renewal is believed to be necessary in the interests of national security.

the official in question holds a position in respect of which he is expressly authorised by provisions contained in the certificate to modify the certificate on the Secretary of State’s behalf; or

the Secretary of State has himself expressly authorised the modification and a statement of that fact is endorsed on the modifying instrument.

the person to whom the warrant is addressed; or

a person holding any such position subordinate to that person as may be identified in the provisions of the warrant.

a warrant or certificate is modified by an instrument under the hand of a person other than the Secretary of State F12or, as the case may be, the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), and

a statement for the purposes of subsection (5)(b) F13, (5A)(b)F14, (6) or (7)(b) is endorsed on the instrument, or the modification is made under subsection (8),

the scheduled parts of an interception warrant are any provisions of the warrant that are contained in a schedule of identifying factors comprised in the warrant for the purposes of section 8(2); and

the modifications that are modifications of the scheduled parts of an interception warrant include the insertion of an additional such schedule in the warrant;

by the person to whom it is addressed; or

by that person acting through, or together with, such other persons as he may require (whether under subsection (2) or otherwise) to provide him with assistance with giving effect to the warrant.

serve a copy of the warrant on such persons as he considers may be able to provide such assistance; or

make arrangements under which a copy of it is to be or may be so served.

by the person to whom the warrant is addressed, or

by the arrangements made by him for the purposes of that subsection,

a person who provides a postal service,

a person who provides a public telecommunications service, or

a person not falling within paragraph (b) who has control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom,

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

are providing public postal services or public telecommunications services, or

are proposing to do so,

the means by which he provides a service which is not a telecommunications service; or

necessarily incidental to the provision by him of a service which is not a telecommunications service.

there shall be no requirement for that person to comply, except in pursuance of a notice under paragraph (c)(ii), with any obligations imposed by the notice;

the Board shall consider the technical requirements and the financial consequences, for the person making the reference, of the notice referred to them and shall report their conclusions on those matters to that person and to the Secretary of State; and

such persons appearing to him to be likely to be subject to the obligations for which it provides,

the Technical Advisory Board,

such persons representing persons falling within paragraph (a), and

such persons with statutory functions in relation to persons falling within that paragraph,

with respect to the disclosure of intercepted material;

for the purpose of ensuring that security and confidentiality are maintained in relation to, and to matters connected with, the provision of any such assistance; and

for the purpose of facilitating the carrying out of any functions in relation to this Chapter of the Interception of Communications Commissioner;

in relation to a person providing a public postal service, means an interception warrant relating to the interception of communications in the course of their transmission by means of that service; and

in relation to a person providing a public telecommunications service, means an interception warrant relating to the interception of communications in the course of their transmission by means of a telecommunication system used for the purposes of that service.

that the membership of the Technical Advisory Board includes persons likely effectively to represent the interests of the persons on whom obligations may be imposed under section 12;

that the membership of the Board includes persons likely effectively to represent the interests of the persons by or on whose behalf applications for interception warrants may be made;

that such other persons (if any) as the Secretary of State thinks fit may be appointed to be members of the Board; and

that the Board is so constituted as to produce a balance between the representation of the interests mentioned in paragraph (a) and the representation of those mentioned in paragraph (b).

a postal service, or

a telecommunications service,

in relation to a person providing a postal service, the issue of interception warrants relating to communications transmitted by means of that postal service;

in relation to a person providing a telecommunications service, the issue of interception warrants relating to communications transmitted by means of a telecommunication system used for the purposes of that service;

in relation to each description of person, the imposition on that person of obligations provided for by an order under section 12.

that the requirements of subsections (2) and (3) are satisfied in relation to the intercepted material and any related communications data; and

in the case of warrants in relation to which there are section 8(4) certificates, that the requirements of section 16 are also satisfied.

the number of persons to whom any of the material or data is disclosed or otherwise made available,

the extent to which any of the material or data is disclosed or otherwise made available,

the extent to which any of the material or data is copied, and

the number of copies that are made,

it continues to be, or is likely to become, necessary as mentioned in section 5(3);

it is necessary for facilitating the carrying out of any of the functions under this Chapter of the Secretary of State;

it is necessary for facilitating the carrying out of any functions in relation to this Part of the Interception of Communications Commissioner or of the Tribunal;

it is necessary to ensure that a person conducting a criminal prosecution has the information he needs to determine what is required of him by his duty to secure the fairness of the prosecution; or

it is necessary for the performance of any duty imposed on any person by the M16Public Records Act 1958 or the M17Public Records Act (Northern Ireland) 1923.

shall not be required to secure that the requirements of subsections (2) and (3) are satisfied in so far as they relate to any of the intercepted material or related communications data, or any copy of any such material or data, possession of which has been surrendered to any authorities of a country or territory outside the United Kingdom; but

shall be required to secure, in the case of every such warrant, that possession of the intercepted material and data and of copies of the material or data is surrendered to authorities of a country or territory outside the United Kingdom only if the requirements of subsection (7) are satisfied.

that requirements corresponding to those of subsections (2) and (3) will apply, to such extent (if any) as the Secretary of State thinks fit, in relation to any of the intercepted material or related communications data possession of which, or of any copy of which, is surrendered to the authorities in question; and

that restrictions are in force which would prevent, to such extent (if any) as the Secretary of State thinks fit, the doing of anything in, for the purposes of or in connection with any proceedings outside the United Kingdom which would result in such a disclosure as, by virtue of section 17, could not be made in the United Kingdom.

any copy, extract or summary of the material or data which identifies itself as the product of an interception, and

any record referring to an interception which is a record of the identities of the persons to or by whom the intercepted material was sent, or to whom the communications data relates,

has been certified as material the examination of which is necessary as mentioned in section 5(3)(a), (b) or (c); and

falls within subsection (2).

is referable to an individual who is known to be for the time being in the British Islands; and

has as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him.

it is certified by the Secretary of State for the purposes of section 8(4) that the examination of material selected according to factors referable to the individual in question is necessary as mentioned in subsection 5(3)(a), (b) or (c); and

the material relates only to communications sent during F15a period specified in the certificate that is no longer than the permitted maximum .

in the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, six months; and

in any other case, three months.

the person to whom the warrant is addressed believes, on reasonable grounds, that the circumstances are such that the material would fall within that subsection; or

the conditions set out in subsection (5) below are satisfied in relation to the selection of the material.

it has appeared to the person to whom the warrant is addressed that there has been such a relevant change of circumstances as, but for subsection (4)(b), would prevent the intercepted material from falling within subsection (2);

since it first so appeared, a written authorisation to read, look at or listen to the material has been given by a senior official; and

the selection is made before the end of F17the permitted period .

in the case of material the examination of which is certified for the purposes of section 8(4) as necessary in the interests of national security, the period ending with the end of the fifth working day after it first appeared as mentioned in subsection (5)(a) to the person to whom the warrant is addressed; and

in any other case, the period ending with the end of the first working day after it first so appeared to that person.

that the individual in question has entered the British Islands; or

that a belief by the person to whom the warrant is addressed in the individual’s presence outside the British Islands was in fact mistaken.

discloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; or

tends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or be going to occur.

conduct by a person falling within subsection (3) that was or would be an offence under section 1(1) or (2) of this Act or under section 1 of the M18Interception of Communications Act 1985;

a breach by the Secretary of State of his duty under section 1(4) of this Act;

the issue of an interception warrant or of a warrant under the M19Interception of Communications Act 1985;

the making of an application by any person for an interception warrant, or for a warrant under that Act;

the imposition of any requirement on any person to provide assistance with giving effect to an interception warrant.

any person to whom a warrant under this Chapter may be addressed;

any person holding office under the Crown;

any member of the staff of the Serious Organised Crime Agency;

any person employed by or for the purposes of a police force;

any person providing a postal service or employed for the purposes of any business of providing such a service; and

any person providing a public telecommunications service or employed for the purposes of any business of providing such a service.

any proceedings for a relevant offence;

any civil proceedings under section 11(8);

any proceedings before the Tribunal;

any proceedings on an appeal or review for which provision is made by an order under section 67(8);

any control order proceedings (within the meaning of the Prevention of Terrorism Act 2005) or any proceedings arising out of such proceedings;

any proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; or

any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.

a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; F25. . .

a disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him aloneF26; or

a disclosure to the panel of an inquiry held under the Inquiries Act 2005 in the course of which the panel has ordered the disclosure to be made to the panel alone.

a relevant judge does order a disclosure under subsection (7)(b), and

in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,

any judge of the High Court or of the Crown Court or any Circuit judge;

any judge of the High Court of Justiciary or any sheriff;

in relation to a court-martial, the judge advocate appointed in relation to that court-martial under section 84B of the M96Army Act 1955, section 84B of the M97Air Force Act 1955 or section 53B of the M98Naval Discipline Act 1957; or

any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).

an offence under any provision of this Act;

an offence under section 1 of the M23Interception of Communications Act 1985;

an offence under section 5 of the M99Wireless Telegraphy Act 1949;

an offence under F28. . . F29section 83 or 84 of the Postal Services Act 2000;

F30an offence under section 45 of the M24Telecommunications Act 1984;

an offence under section 4 of the M25Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) of that section;

an offence under section 1 or 2 of the M26Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which incorporates or relates to the contents of any intercepted communication or any related communications data or tends to suggest as mentioned in section 17(1)(b) of this Act;

perjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;

attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and

contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.

the persons specified in section 6(2);

every person holding office under the Crown;

every member of the staff of the Serious Organised Crime Agency;

every person employed by or for the purposes of a police force;

persons providing postal services or employed for the purposes of any business of providing such a service;

persons providing public telecommunications services or employed for the purposes of any business of providing such a service;

persons having control of the whole or any part of a telecommunication system located wholly or partly in the United Kingdom.

the existence and contents of the warrant and of any section 8(4) certificate in relation to the warrant;

the details of the issue of the warrant and of any renewal or modification of the warrant or of any such certificate;

the existence and contents of any requirement to provide assistance with giving effect to the warrant;

the steps taken in pursuance of the warrant or of any such requirement; and

everything in the intercepted material, together with any related communications data.

on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

the disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Chapter; and

the person to whom or, as the case may be, by whom it was made was the client or a representative of the client.

in contemplation of, or in connection with, any legal proceedings; and

for the purposes of those proceedings.

by that Commissioner;

by the warrant or the person to whom the warrant is or was addressed;

by the terms of the requirement to provide assistance; or

by section 11(9).