Part I Communications

Chapter II Acquisition and disclosure of communications data

25 Interpretation of Chapter II.

1

In this Chapter—

  • “communications data” has the meaning given by section 21(4);

  • “designated” shall be construed in accordance with subsection (2);

  • “postal or telecommunications operator” means a person who provides a postal service or telecommunications service;

  • “relevant public authority” means (subject to subsection (4)) any of the following—

    1. a

      a police force;

    2. b

      F1the Serious Organised Crime Agency;

    3. ca

      F2the Scottish Crime and Drug Enforcement Agency;

    4. d

      F3Her Majesty's Revenue and Customs;

    5. f

      any of the intelligence services;

    6. g

      any such public authority not falling within paragraphs (a) to (f) as may be specified for the purposes of this subsection by an order made by the Secretary of State.

2

Subject to subsection (3), the persons designated for the purposes of this Chapter are the individuals holding such offices, ranks or positions with relevant public authorities as are prescribed for the purposes of this subsection by an order made by the Secretary of State.

3

The Secretary of State may by order impose restrictions—

a

on the authorisations and notices under this Chapter that may be granted or given by any individual holding an office, rank or position with a specified public authority; and

b

on the circumstances in which, or the purposes for which, such authorisations may be granted or notices given by any such individual.

F43A

References in this Chapter to an individual holding an office or position with the Serious Organised Crime Agency include references to any member of the staff of that Agency.

F54

The Secretary of State may by order—

a

remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and

b

make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.

5

The Secretary of State shall not make an order under this section—

a

that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or

b

that by virtue of subsection (4)(b) amends or repeals any provision of an Act,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.