has come into the possession of any person by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so;

has come into the possession of any person by means of the exercise of any statutory power to intercept communications F49or obtain secondary data from communications, or is likely to do so;

has come into the possession of any person by means of the exercise of any power conferred by an authorisation under F50section 22(3) F18or (3B) or under Part IIF50Part 3 of the Investigatory Powers Act 2016 or Part 2 of this Act, or as a result of the giving of a notice F51under section 22(4)F51in pursuance of an authorisation under Part 3 of the Act of 2016 or as the result of the issue of a warrant under Chapter 2 of Part 6 of the Act of 2016, or is likely to do so;

has come into the possession of any person as a result of having been provided or disclosed in pursuance of any statutory duty (whether or not one arising as a result of a request for information), or is likely to do so; or

has, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police, F31the National Crime AgencyF19... or F1Her Majesty's Revenue and Customs, or is likely so to come into the possession of any of those services, the police, F31the National Crime AgencyF19... or F1Her Majesty's Revenue and Customs.

that a key to the protected information is in the possession of any person,

that the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, and

that it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section,

in the interests of national security;

for the purpose of preventing or detecting crime; or

in the interests of the economic well-being of the United Kingdom.

must be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;

must describe the protected information to which the notice relates;

must specify the matters falling within subsection (2)(b)(i) or (ii) by reference to which the notice is given;

must specify the office, rank or position held by the person giving it;

must specify the office, rank or position of the person who for the purposes of Schedule 2 granted permission for the giving of the notice or (if the person giving the notice was entitled to give it without another person’s permission) must set out the circumstances in which that entitlement arose;

must specify the time by which the notice is to be complied with; and

must set out the disclosure that is required by the notice and the form and manner in which it is to be made;

that more than one person is in possession of the key to any protected information,

that any of those persons is in possession of that key in his capacity as an officer or employee of any body corporate, and

that another of those persons is the body corporate itself or another officer or employee of the body corporate,

that any of those persons is in possession of that key in his capacity as an employee of a firm, and

that another of those persons is the firm itself or a partner of the firm,

the person giving the notice; or

such other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice.

is intended to be used for the purpose only of generating electronic signatures; and

has not in fact been used for any other purpose.

shall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; and

shall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form.

he makes, instead, a disclosure of any key to the protected information that is in his possession; and

that disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.

that person is not in possession of the information,

that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligible form, or

the notice states, in pursuance of a direction under section 51, that it can be complied with only by the disclosure of a key to the information,

is entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 49 notice; and

is in possession of more than one key to that information.

subsection (5) allows the person given notice to comply with a requirement without disclosing all of the keys in his possession, and

there are different keys, or combinations of keys, in the possession of that person the disclosure of which would, under that subsection, constitute compliance,

that person has been in possession of the key to that information but is no longer in possession of it,

if he had continued to have the key in his possession, he would have been required by virtue of the giving of the notice to disclose it, and

he is in possession, at a relevant time, of information to which subsection (9) applies,

the person who for the purposes of Schedule 2 granted the permission for the giving of the notice in relation to that information, or

any person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,

in the case of a direction by the police or by a member of Her Majesty’s forces who is a member of a police force, except by or with the permission of a chief officer of police;

in the case of a direction by F33the National Crime Agency, except by or with the permission of the F34Director General of the National Crime Agency;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the case of a direction by F3Her Majesty's Revenue and Customs, except by or with the permission of F5the Commissioners for Her Majesty's Revenue and Customs; or

in the case of a direction by a member of Her Majesty’s forces who is not a member of a police force, except by or with the permission of a person of or above the rank of brigadier or its equivalent.

that there are special circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or in part, if the direction were not given; and

that the giving of the direction is proportionate to what is sought to be achieved by prohibiting any compliance with the requirement in question otherwise than by the disclosure of the key itself.

the extent and nature of any protected information, in addition to the protected information in respect of which the disclosure requirement is imposed, to which the key is also a key; and

any adverse effect that the giving of the direction might have on a business carried on by the person on whom the disclosure requirement is imposed.

must be given not more than seven days after the day of the giving of the direction to which it relates; and

may be given either in writing or by being transmitted to F43the Investigatory Powers Commissioner by electronic means.

sufficient evidence of that fact is adduced to raise an issue with respect to it; and

the contrary is not proved beyond a reasonable doubt.

that it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 49 notice before the time by which he was required, in accordance with that notice, to make it; but

that he did make that disclosure as soon after that time as it was reasonably practicable for him to do so.

on conviction on indictment, to imprisonment for a term not exceeding F8the appropriate maximum term 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.

in a national security case F10or a child indecency case, five years; and

in any other case, two years.

section 1 of the Protection of Children Act 1978 (showing or taking etc an indecent photograph of a child: England and Wales);

Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for Northern Ireland);

section 52 or 52A of the Civic Government (Scotland) Act 1982 (showing or taking etc or possessing an indecent photograph of a child: Scotland);

section 160 of the Criminal Justice Act 1988 (possessing an indecent photograph of a child: England and Wales);

Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding offence for Northern Ireland).

the person to whom the notice is given, and

every other person who becomes aware of it or of its contents,

it is included with the consent of the person who for the purposes of Schedule 2 granted the permission for the giving of the notice; or

the person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.

has come into the possession of the police, F37the National Crime Agency, F24... F12Her Majesty's Revenue and Customs or any of the intelligence services, or

is likely to come into the possession of the police, F37the National Crime Agency, F24... F12Her Majesty's Revenue and Customs or any of the intelligence services,

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 effected entirely by the operation of software designed to indicate when a key to protected information has ceased to be secure; and

that person could not reasonably have been expected to take steps, after being given the notice or (as the case may be) becoming aware of it or of its contents, to prevent the disclosure.

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 Part; 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 such a Commissioner;

by the terms of the notice;

by or on behalf of the person who gave the notice; or

the Secretary of State and every other Minister of the Crown in charge of a government department;

every chief officer of police;

the Director General of the National Crime Agency;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Commissioners for Her Majesty's Revenue and Customs;

every person whose officers or employees include persons with duties that involve the giving of section 49 notices.

that a key disclosed in pursuance of a section 49 notice is used for obtaining access to, or putting into an intelligible form, only protected information in relation to which power to give such a notice was exercised or could have been exercised if the key had not already been disclosed;

that the uses to which a key so disclosed is put are reasonable having regard both to the uses to which the person using the key is entitled to put any protected information to which it relates and to the other circumstances of the case;

that, having regard to those matters, the use and any retention of the key are proportionate to what is sought to be achieved by its use or retention;

that the requirements of subsection (3) are satisfied in relation to any key disclosed in pursuance of a section 49 notice;

that, for the purpose of ensuring that those requirements are satisfied, any key so disclosed is stored, for so long as it is retained, in a secure manner;

that all records of a key so disclosed (if not destroyed earlier) are destroyed as soon as the key is no longer needed for the purpose of enabling protected information to be put into an intelligible form.

the number of persons to whom the key is disclosed or otherwise made available, and

the number of copies made of the key,

any breach by a person to whom this section applies of the duty imposed on him by subsection (2), or

any contravention by any person whatever of arrangements made in pursuance of that subsection in relation to persons under the control of a person to whom this section applies,

a person who has made a disclosure in pursuance of a section 49 notice; or

a person whose protected information or key has been disclosed in pursuance of such a notice;

information belongs to a person if he has any right that would be infringed by an unauthorised disclosure of the information; and

a key belongs to a person if it is a key to information that belongs to him or he has any right that would be infringed by an unauthorised disclosure of the key.

to its being in the possession of a person who is under his control so far as that information is concerned;

to his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him; and

to its being, or being contained in, anything which he or a person under his control is entitled, in exercise of any statutory power and without otherwise taking possession of it, to detain, inspect or search.

references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.