Investigatory Powers Bill (HC Bill 143)

the person must cancel the warrant.

(3) In subsection (2)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 91, grounds falling within
section 91(5);

(b) 45in the case of a warrant issued under section 92, the purpose of
preventing or detecting serious crime;

Investigatory Powers BillPage 87

(c) in the case of a warrant issued under section 93, the interests of national
security;

(d) in the case of a warrant to be issued under section 96(1), the purpose
mentioned in section 96(1)(a);

(e) 5in the case of a warrant to be issued under section 96(2), the purpose
mentioned in section 96(2)(a).

(4) For the purposes of this section, “the appropriate persons” are—

(a) in the case of a warrant issued by the Secretary of State under section 91
or 93, the Secretary of State or a senior official acting on behalf of the
10Secretary of State;

(b) in the case of a warrant issued by the Scottish Ministers under section
92, a member of the Scottish Government or a senior official acting on
behalf of the Scottish Ministers;

(c) in the case of a warrant issued under section 96 by a law enforcement
15chief or by an appropriate delegate in relation to the law enforcement
chief, either—

(i) the law enforcement chief, or

(ii) if the warrant was issued by an appropriate delegate, that
person.

(5) 20Where a warrant is cancelled under this section, the person to whom the
warrant is addressed must, so far as is reasonably practicable, secure that
anything in the process of being done under the warrant stops as soon as
possible.

(6) A warrant that has been cancelled under this section may not be renewed.

25Implementation of warrants

109 Implementation of warrants

(1) In giving effect to a targeted equipment interference warrant, the person to
whom it is addressed (“the implementing authority”) may (in addition to
acting alone) act through, or together with, such other persons as the
30implementing authority may require (whether under subsection (2) or
otherwise) to provide the authority with assistance in giving effect to the
warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
targeted equipment interference warrant, the implementing authority may—

(a) 35serve a copy of the warrant on any person whom the implementing
authority considers may be able to provide such assistance, or

(b) make arrangements for the service of a copy of the warrant on any such
person.

(3) A copy of a warrant may be served under subsection (2) on a person outside
40the United Kingdom for the purpose of requiring the person to provide such
assistance in the form of conduct outside the United Kingdom.

(4) For the purposes of this Act, the provision of assistance in giving effect to a
targeted equipment interference warrant includes any disclosure to the
implementing authority, or to persons acting on that person’s behalf, of
45material obtained under the warrant.

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(5) The references in subsections (2) and (3) and sections 110 and 111 to the service
of a copy of a warrant include—

(a) the service of a copy of one or more schedules contained in the warrant
with the omission of the remainder of the warrant, and

(b) 5the service of a copy of the warrant with the omission of any schedule
contained in it.

110 Service of warrants outside the United Kingdom

(1) This section applies to the service of warrants under section 109(2) on a person
outside the United Kingdom.

(2) 10A copy of a warrant may be served on a person outside the United Kingdom in
any of the following ways (as well as by electronic or other means of service)—

(a) by serving it at the person’s principal office within the United Kingdom
or, if the person has no such office in the United Kingdom, at any place
in the United Kingdom where the person carries on business or
15conducts activities;

(b) if the person has specified an address in the United Kingdom as one at
which the person, or someone on the person’s behalf, will accept
service of documents of the same description as a copy of a warrant, by
serving it at that address;

(c) 20by making it available for inspection (whether to the person or to
someone acting on the person’s behalf) at a place in the United
Kingdom (but this is subject to subsection (3)).

(3) A copy of a warrant may be served on a person outside the United Kingdom in
the way mentioned in subsection (2)(c) only if—

(a) 25it is not reasonably practicable for a copy to be served by any other
means (whether as mentioned in subsection (2)(a) or (b) or otherwise),
and

(b) the implementing authority takes such steps as it considers appropriate
for the purpose of bringing the contents of the warrant, and the
30availability of a copy for inspection, to the attention of the person.

(4) The steps mentioned in subsection (3)(b) must be taken as soon as reasonably
practicable after the copy of the warrant is made available for inspection.

(5) In this section, “implementing authority” has the same meaning as in section
109.

111 35Duty of telecommunications operators to assist with implementation

(1) A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued by the Secretary of State under section
91 or 93, or by the Scottish Ministers under section 92, must take all steps for
giving effect to the warrant which are notified to the telecommunications
40operator by or on behalf of the person to whom the warrant is addressed.

(2) A telecommunications operator that has been served with a copy of a targeted
equipment interference warrant issued under section 96 and addressed to a
law enforcement officer mentioned in subsection (3) must take all steps for
giving effect to the warrant which—

Investigatory Powers BillPage 89

(a) were approved by the Secretary of State or, in the case of a warrant
addressed to a constable of the Police Service of Scotland, by the
Scottish Ministers, before the warrant was served, and

(b) are notified to the telecommunications operator by or on behalf of the
5law enforcement officer.

(3) The law enforcement officers mentioned in this subsection are—

(a) a National Crime Agency officer;

(b) an officer of Revenue and Customs;

(c) a constable of the Police Service of Scotland;

(d) 10a member of the Police Service of Northern Ireland;

(e) a member of the metropolitan police force.

(4) The Secretary of State or the Scottish Ministers may give approval for the
purposes of subsection (2)(a) if the Secretary of State or (as the case may be) the
Scottish Ministers consider that—

(a) 15it is necessary for the telecommunications operator to be required to
take the steps, and

(b) the steps are proportionate to what is sought to be achieved by them.

(5) A telecommunications operator is not required to take any steps which is not
reasonably practicable for the telecommunications operator to take.

(6) 20Where obligations have been imposed on a telecommunications operator (“P”)
under section 217 (maintenance of technical capability), for the purposes of
subsection (5) the steps which it is reasonably practicable for P to take include
every step which it would have been reasonably practicable for P to take if P
had complied with all of those obligations.

(7) 25The duty imposed by subsection (1) or (2) is enforceable against a person in the
United Kingdom by civil proceedings by the Secretary of State for an
injunction, or for specific performance of a statutory duty under section 45 of
the Court of Session Act 1988, or for any other appropriate relief.

Supplementary provision

112 30Safeguards relating to retention and disclosure of material

(1) The issuing authority must ensure, in relation to every targeted equipment
interference warrant issued by that authority, that arrangements are in force
for securing that the requirements of subsections (2) and (5) are met in relation
to the material obtained under the warrant.

35This is subject to subsection (10).

(2) The requirements of this subsection are met in relation to the material obtained
under a warrant if each of the following is limited to the minimum that is
necessary for the authorised purposes (see subsection (3))—

(a) the number of persons to whom any of the material is disclosed or
40otherwise made available;

(b) the extent to which any of the material is disclosed or otherwise made
available;

(c) the extent to which any of the material is copied;

(d) the number of copies that are made.