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, 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 section 22(3) F8or (3B) or under Part II, or as a result of the giving of a notice under section 22(4), 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, F14the National Crime AgencyF9... or F1Her Majesty's Revenue and Customs, or is likely so to come into the possession of any of those services, the police, F14the National Crime AgencyF9... 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 F16the National Crime Agency, except by or with the permission of the F17Director 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 F21the Investigatory Powers Commissioner by electronic means.