Investigatory Powers Bill (HC Bill 143)

Schedule 8 (which makes provision for the combination of certain warrants
and authorisations in a single instrument) has effect.

Compliance with Act

213 Payments towards certain compliance costs

(1) 10The Secretary of State must ensure that arrangements are in force for securing that
telecommunications operators and postal operators receive an appropriate contribution
in respect of such of their relevant costs as the Secretary of State considers appropriate.

(2) In subsection (1) “relevant costs” means costs incurred, or likely to be incurred,
by telecommunications operators and postal operators in complying with this
15Act.

(3) The arrangements may provide for payment of a contribution to be subject to
terms and conditions determined by the Secretary of State.

(4) Such terms and conditions may, in particular, include a condition on the
operator concerned to comply with any audit that may reasonably be required
20to monitor the claim for costs.

(5) The arrangements may provide for the Secretary of State to determine—

(a) the scope and extent of the arrangements, and

(b) the appropriate level of contribution which should be made in each
case.

(6) 25Different levels of contribution may apply for different cases or descriptions of
case but the appropriate contribution must never be nil.

(7) A retention notice under Part 4 given to a telecommunications operator or a
postal operator, or a national security notice under section 216 given to a
telecommunications operator, must specify the level or levels of contribution
30which the Secretary of State has determined should be made in respect of the
costs incurred, or likely to be incurred, by the operator as a result of the notice
in complying with that Part or (as the case may be) with the national security
notice.

(8) For the purpose of complying with this section the Secretary of State may make, or
35arrange for the making of, payments out of money provided by Parliament.

214 Power to develop compliance systems etc.

(1) The Secretary of State may—

(a) develop, provide, maintain or improve, or

(b) enter into financial or other arrangements with any person for the
development, provision, maintenance or improvement of,

such apparatus, systems or other facilities or services as the Secretary of State
5considers appropriate for enabling or otherwise facilitating compliance by the
Secretary of State, another public authority or any other person with this Act.

(2) Arrangements falling within subsection (1)(b) may, in particular, include
arrangements consisting of the giving of financial assistance by the Secretary of State.

(3) Such financial assistance—

(a) 10may, in particular, be given by way of—

(i) grant,

(ii) loan,

(iii) guarantee or indemnity,

(iv) investment, or

(v) 15incurring expenditure for the benefit of the person assisted, and

(b) may be given subject to terms and conditions determined by the Secretary of
State.

(4) Terms and conditions imposed by virtue of subsection (3)(b) may include terms and
conditions as to repayment with or without interest.

20Additional powers

215 Amendments of the Intelligence Services Act 1994

(1) The Intelligence Services Act 1994 is amended as follows.

(2) In section 3 (the Government Communications Headquarters)—

(a) in subsection (1)(a), after “monitor” insert “, make use of”, and

(b) 25in the words following subsection (1)(b)(ii), for the words from “or to
any other organisation” to the end substitute “or, in such cases as it
considers appropriate, to other organisations or persons, or to the
general public, in the United Kingdom or elsewhere.”

(3) In section 5 (warrants: general)—

(a) 30in subsection (2), omit “, subject to subsection (3) below,”

(b) omit subsection (3),

(c) in subsection (3A), after “1989” insert “, or on the application of the
Intelligence Service or GCHQ for the purposes of the exercise of their
functions by virtue of section 1(2)(c) or 3(2)(c),”.

216 35National security notices

(1) The Secretary of State may give any telecommunications operator in the United
Kingdom a notice (a “national security notice”) requiring the operator to take
such specified steps as the Secretary of State considers necessary in the
interests of national security.

(2) 40The Secretary of State may give a national security notice only if the Secretary
of State considers that the conduct required by the notice is proportionate to
what is sought to be achieved by that conduct.

(3) A national security notice may, in particular, require the operator to whom it
is given—

(a) to carry out any conduct, including the provision of services or
facilities, for the purpose of—

(i) 5facilitating anything done by an intelligence service under any
enactment other than this Act, or

(ii) dealing with an emergency (within the meaning of Part 1 of the
Civil Contingencies Act 2004);

(b) to provide services or facilities for the purpose of assisting an
10intelligence service to carry out its functions more securely or more
effectively.

(4) But a national security notice may not require the taking of any steps the main
purpose of which is to do something for which a warrant or authorisation is
required under this Act.

(5) 15A national security notice must specify such period as appears to the Secretary
of State to be reasonable as the period within which the steps specified in the
notice are to be taken.

(6) Sections 218 to 220 contain further provision about national security notices.

217 Maintenance of technical capability

(1) 20The Secretary of State may give a relevant operator a notice (a “technical
capability notice”)—

(a) imposing on the relevant operator any applicable obligations specified
in the notice, and

(b) requiring the person to take all the steps specified in the notice for the
25purpose of complying with those obligations.

(2) In this section—

• “applicable obligation”, in relation to a relevant operator of a particular
  description, means an obligation specified by the Secretary of State in
  regulations as an obligation that may be imposed on relevant operators,
  30or on relevant operators of that description;

• “relevant operator” means—

  (a)

  a postal operator,

  (b)

  a telecommunications operator, or

  (c)

  a person who is proposing to become a postal operator or a
  35telecommunications operator.

(3) Regulations under this section may specify an obligation that may be imposed
on any relevant operators only if the Secretary of State considers it is
reasonable to do so for the purpose of securing—

(a) that it is (and remains) practicable to impose requirements on those
40relevant operators to provide assistance in relation to relevant
authorisations (see subsection (9)), and

(b) that it is (and remains) practicable for those relevant operators to
comply with those requirements.

(4) The obligations that may be specified in regulations under this section include,
45among other things—

(a) obligations to provide facilities or services of a specified description;

(b) obligations relating to apparatus owned or operated by a relevant
operator;

(c) obligations relating to the removal by a relevant operator of electronic
protection applied by or on behalf of that operator to any
5communications or data;

(d) obligations relating to the security of any postal or telecommunications
services provided by a relevant operator;

(e) obligations relating to the handling or disclosure of any information.

(5) Before making any regulations under this section, the Secretary of State must
10consult the following persons—

(a) the Technical Advisory Board,

(b) persons appearing to the Secretary of State to be likely to be subject to
any obligations specified in the regulations,

(c) persons representing persons falling within paragraph (b), and

(d) 15persons with statutory functions in relation to persons falling within
that paragraph.

(6) The only steps that may be specified in a technical capability notice given to a
person are steps which the Secretary of State considers to be necessary for
securing that the person has the capability to provide any assistance which the
20person may be required to provide in relation to any relevant authorisation.

(7) A technical capability notice must specify such period as appears to the
Secretary of State to be reasonable as the period within which the steps
specified in the notice are to be taken.

(8) A technical capability notice may be given to persons outside the United
25Kingdom (and may require things to be done, or not to be done, outside the
United Kingdom).

(9) In this section “relevant authorisation” means—

(a) any warrant issued under Part 2, 5 or 6, or

(b) any authorisation or notice given under Part 3.

(10) 30Sections 218 to 220 contain further provision about technical capability notices.

218 Further provision about notices under section 216 or 217

(1) In this section “relevant notice” means—

(a) a national security notice under section 216, or

(b) a technical capability notice under section 217.

(2) 35Before giving a relevant notice to a person, the Secretary of State must consult
that person.

(3) Before giving a relevant notice, the Secretary of State must, among other
matters, take into account—

(a) the likely benefits of the notice,

(b) 40the likely number of users (if known) of any postal or
telecommunications service to which the notice relates,

(c) the technical feasibility of complying with the notice,

(d) the likely cost of complying with the notice, and

(e) any other effect of the notice on the person (or description of person) to
45whom it relates.

(4) Where the relevant notice would impose any obligations relating to the
removal by a person of electronic protection applied by or on behalf of that
person to any communications or data, in complying with subsection (3) the
Secretary of State must in particular take into account the technical feasibility,
5and likely cost, of complying with those obligations.

(5) A relevant notice must be in writing.

(6) A technical capability notice may be given to a person outside the United
Kingdom in any of the following ways (as well as by electronic or other means
of giving a notice)—

(a) 10by delivering it to the person’s principal office within the United
Kingdom or, if the person has no such office in the United Kingdom, to
any place in the United Kingdom where the person carries on business
or conducts activities;

(b) if the person has specified an address in the United Kingdom as one at
15which the person, or someone on the person’s behalf, will accept
documents of the same description as a notice, by delivering it to that
address.

(7) The Secretary of State may by regulations make further provision about the
giving of relevant notices.

(8) 20A person to whom a relevant notice is given, or any person employed or
engaged for the purposes of that person’s business, must not disclose the
existence or contents of the notice to any other person without the permission
of the Secretary of State.

(9) A person to whom a relevant notice is given must comply with the notice.

(10) 25The duty imposed by subsection (9) is enforceable—

(a) in relation to a person in the United Kingdom, and

(b) so far as relating to a technical capability notice within subsection (11),
in relation to a person outside the United Kingdom,

by civil proceedings by the Secretary of State for an injunction, or for specific
30performance of a statutory duty under section 45 of the Court of Session Act
1988, or for any other appropriate relief.

(11) A technical capability notice is within this subsection if it relates to any of the
following—

(a) a targeted interception warrant or mutual assistance warrant under
35Chapter 1 of Part 2;

(b) a bulk interception warrant;

(c) an authorisation or notice given under Part 3.

219 Variation and revocation of notices

(1) In this section “relevant notice” means—

(a) 40a national security notice under section 216, or

(b) a technical capability notice under section 217.

(2) The Secretary of State must keep each relevant notice under review.

(3) The Secretary of State may—

(a) vary a relevant notice;

(b) 45revoke a relevant notice (whether wholly or in part).