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Part 11 U.K.Retention of Communications Data

105 Lapsing of powers in section 104U.K.

(1)Section 104 shall cease to have effect at the end of the initial period unless an order authorising the giving of directions is made under that section before the end of that period.

(2)Subject to subsection (3), the initial period is the period of two years beginning with the day on which this Act is passed.

(3)The Secretary of State may by order made by statutory instrument extend, or (on one or more occasions) further extend the initial period.

(4)An order under subsection (3)—

(a)must be made before the time when the initial period would end but for the making of the order; and

(b)shall have the effect of extending, or further extending, that period for the period of two years beginning with that time.

(5)The Secretary of State shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.