Part 1Offences

Increases of penalties

15Maximum penalty for contravening notice relating to encrypted information

(1)

In section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (offence of contravening disclosure requirement)—

(a)

in paragraph (a) of subsection (5), for “two years” substitute “ the appropriate maximum term ”; and

(b)

after that subsection insert the subsections set out in subsection (2).

(2)

The inserted subsections are—

“(5A)

In subsection (5) ‘the appropriate maximum term’ means—

(a)

in a national security case, five years; and

(b)

in any other case, two years.

(5B)

In subsection (5A) ‘a national security case’ means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary in the interests of national security.”

(3)

This section does not apply to offences committed before the commencement of this section.