(1)It is an offence for—
(a)a telecommunications operator who is under a duty by virtue of section 170 to assist in giving effect to a bulk acquisition warrant, or
(b)any person employed or engaged for the purposes of the business of such an operator,
to disclose to any person, without reasonable excuse, the existence or contents of the warrant.
(2)For the purposes of subsection (1), it is, in particular, a reasonable excuse if the disclosure is made with the permission of the Secretary of State.
(3)A person guilty of an offence under this section is liable—
(a)on summary conviction in England and Wales—
(i)to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of [F1paragraph 24(2) of Schedule 22 to the Sentencing Act 2020]), or
(ii)to a fine,
or to both;
(b)on summary conviction in Scotland—
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(c)on summary conviction in Northern Ireland—
(i)to imprisonment for a term not exceeding 6 months, or
(ii)to a fine not exceeding the statutory maximum,
or to both;
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
Textual Amendments
F1Words in s. 174(3)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 443(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 174 in force at 22.8.2018 by S.I. 2018/873, reg. 3(b)