The Retention of Communications Data (Further Extension of Initial Period) Order 2005

Explanatory Note

(This note is not part of the Order)

Section 105(1) of the Anti-terrorism, Crime and Security Act 2001 provides that section 104 of that Act (which confers on the Secretary of State the power to give directions about retention of communications data) shall cease to have effect at the end of the initial period unless the powers in section 104 had been exercised during that period.

Section 105(2) defines the initial period as the period of two years beginning with the day on which that Act was passed (14^th December 2001). However, subsections (3) and (4) of section 105 provide for this initial period to be extended by order for further periods of two years. The initial period was originally extended for a further two years by the Retention of Communications Data (Extension of Initial Period) Order 2003. This Order exercises the power in section 105(3) to extend further the initial period for a period of another two years beginning with the time at which the period would otherwise end (14^th December 2005).