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(9) Section 86 applies (but only so far as the variation is concerned) in relation to a
retention notice as varied (other than one varied as mentioned in subsection
(10)(a) of that section) as it applies in relation to a retention notice.

(10) The Secretary of State may revoke (whether wholly or in part) a retention
5notice.

(11) The Secretary of State must give or publish notice of the revocation in such
manner as the Secretary of State considers appropriate for bringing the
revocation to the attention of the operator (or description of operators) to
whom it relates.

(12) 10A revocation comes into force—

(a) when notice of it is given or published in accordance with subsection
(11), or

(b) (if later) at the time or times specified in the notice of revocation.

(13) The fact that a retention notice has been revoked in relation to a particular
15description of communications data and a particular operator (or description
of operators) does not prevent the giving of another retention notice in relation
to the same description of data and the same operator (or description of
operators).

Enforcement

90 20Enforcement of notices and certain other requirements and restrictions

(1) It is the duty of a telecommunications operator on whom a requirement or
restriction is imposed by—

(a) a retention notice, or

(b) section 87 or 88,

25to comply with the requirement or restriction.

(2) A telecommunications operator, or any person employed or engaged for the
purposes of the business of a telecommunications operator, must not disclose
the existence or contents of a retention notice to any other person.

(3) The Information Commissioner, or any member of staff of the Information
30Commissioner, must not disclose the existence or contents of a retention notice
to any other person.

(4) Subsections (2) and (3) do not apply to a disclosure made with the permission
of the Secretary of State.

(5) The duty under subsection (1) or (2) is enforceable by civil proceedings by the
35Secretary 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.

Further and supplementary provision

91 Application of Part 4 to postal operators and postal services

(1) 40This Part applies to postal operators and postal services as it applies to
telecommunications operators and telecommunications services.

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(2) In its application by virtue of subsection (1), this Part has effect as if—

(a) any reference to a telecommunications operator were a reference to a
postal operator,

(b) any reference to a telecommunications service were a reference to a
5postal service,

(c) any reference to a telecommunication system were a reference to a
postal service,

(d) in section 84(3), for paragraph (b) there were substituted—

(b) in the case of communications data which does not fall
10within paragraph (a) above but does fall within
paragraph (c) of the definition of “communications
data” in section 238(3), the day on which the person
concerned leaves the postal service concerned or (if
earlier) the day on which the data is changed,”, and

(e) 15in section 84(10), the words from “and this expression” to the end were
omitted.

92 Extra-territorial application of Part 4

(1) A retention notice, and any requirement or restriction imposed by virtue of a
retention notice or by section 87, 88 or 90(1) to (3), may relate to conduct outside
20the United Kingdom and persons outside the United Kingdom.

(2) But section 90(5), so far as relating to those requirements or restrictions, does
not apply to a person outside the United Kingdom.

93 Part 4: interpretation

(1) In this Part—

  • 25“notice” means notice in writing,

  • “relevant communications data” has the meaning given by section 84(10),

  • “retention notice” has the meaning given by section 84(1).

(2) See also—

  • section 237 (telecommunications definitions),

  • 30section 238 (postal definitions),

  • section 239 (general definitions),

  • section 240 (index of defined expressions).

Part 5 Equipment interference

35Warrants under this Part

94 Warrants under this Part: general

(1) There are two kinds of warrants which may be issued under this Part—

(a) targeted equipment interference warrants (see subsection (2));

(b) targeted examination warrants (see subsection (9)).

(2)

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A targeted equipment interference warrant is a warrant which authorises or
requires the person to whom it is addressed to secure interference with any
equipment for the purpose of obtaining—

(a) communications (see section 127);

(b) 5equipment data (see section 95);

(c) any other information.

(3) A targeted equipment interference warrant—

(a) must also authorise or require the person to whom it is addressed to
secure the obtaining of the communications, equipment data or other
10information to which the warrant relates;

(b) may also authorise that person to secure the disclosure, in any manner
described in the warrant, of anything obtained under the warrant by
virtue of paragraph (a).

(4) The reference in subsections (2) and (3) to the obtaining of communications or
15other information includes doing so by—

(a) monitoring, observing or listening to a person’s communications or
other activities;

(b) recording anything which is monitored, observed or listened to.

(5) A targeted equipment interference warrant also authorises the following
20conduct (in addition to the conduct described in the warrant)—

(a) any conduct which it is necessary to undertake in order to do what is
expressly authorised or required by the warrant, including conduct for
securing the obtaining of communications, equipment data or other
information;

(b) 25any conduct by any person which is conduct in pursuance of a
requirement imposed by or on behalf of the person to whom the
warrant is addressed to be provided with assistance in giving effect to
the warrant.

(6) A targeted equipment interference warrant may not, by virtue of subsection
30(3), authorise or require a person to engage in conduct, in relation to a
communication other than a stored communication, which would (unless done
with lawful authority) constitute an offence under section 3(1) (unlawful
interception).

(7) Subsection (5)(a) does not authorise a person to engage in conduct which could
35not be expressly authorised under the warrant because of the restriction
imposed by subsection (6).

(8) In subsection (6), “stored communication” means a communication stored in or
by a telecommunication system (whether before or after its transmission).

(9) A targeted examination warrant is a warrant which authorises the person to
40whom it is addressed to carry out the selection of protected material obtained
under a bulk equipment interference warrant for examination, in breach of the
prohibition in section 179(4) (prohibition on seeking to identify
communications of, or private information relating to, individuals in the
British Islands).

45In this Part, “protected material”, in relation to a targeted examination warrant,
means any material obtained under a bulk equipment interference warrant
under Chapter 3 of Part 6, other than material which is—

  • equipment data;

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  • information (other than a communication or equipment data) which is
    not private information.

(10) For provision enabling the combination of targeted equipment interference
warrants with certain other warrants or authorisations (including targeted
5examination warrants), see Schedule 8.

(11) Any conduct which is carried out in accordance with a warrant under this Part
is lawful for all purposes.

95 Meaning of “equipment data”

(1) In this Part, “equipment data” means—

(a) 10systems data;

(b) data which falls within subsection (2).

(2) The data falling within this subsection is identifying data which—

(a) is, for the purposes of a relevant system, comprised in, included as part
of, attached to or logically associated with a communication (whether
15by the sender or otherwise) or any other item of information,

(b) is capable of being logically separated from the remainder of the
communication or the item of information, and

(c) if it were so separated, would not reveal anything of what might
reasonably be considered to be the meaning (if any) of the
20communication or the item of information, disregarding any meaning
arising from the fact of the communication or the existence of the item
of information or from any data relating to that fact.

(3) In subsection (2), “relevant system” means any system on or by means of which
the data is held.

(4) 25For the meaning of “systems data” and “identifying data”, see section 239.

96 Subject-matter of warrants

(1) A targeted equipment interference warrant may relate to any one or more of
the following matters—

(a) equipment belonging to, used by or in the possession of a particular
30person or organisation;

(b) equipment belonging to, used by or in the possession of a group of
persons who share a common purpose or who carry on, or may carry
on, a particular activity;

(c) equipment belonging to, used by or in the possession of more than one
35person or organisation, where the interference is for the purpose of a
single investigation or operation;

(d) equipment in a particular location;

(e) equipment in more than one location, where the interference is for the
purpose of a single investigation or operation;

(f) 40equipment which is being, or may be, used for the purposes of a
particular activity or activities of a particular description;

(g) equipment which is being, or may be, used to test, maintain or develop
capabilities relating to interference with equipment for the purpose of
obtaining communications, equipment data or other information;

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(h) equipment which is being, or may be, used for the training of persons
who carry out, or are likely to carry out, such interference with
equipment.

(2) A targeted examination warrant may relate to any one or more of the following
5matters—

(a) a particular person or organisation;

(b) a group of persons who share a common purpose or who carry on, or
may carry on, a particular activity;

(c) more than one person or organisation, where the conduct authorised by
10the warrant is for the purpose of a single investigation or operation;

(d) the testing, maintenance or development of capabilities relating to the
selection of protected material for examination;

(e) the training of persons who carry out, or are likely to carry out, the
selection of such material for examination.

15Power to issue warrants

97 Power to issue warrants to intelligence services: the Secretary of State

(1) The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted equipment interference warrant if—

(a) the Secretary of State considers that the warrant is necessary on
20grounds falling within subsection (5),

(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) the Secretary of State considers that satisfactory arrangements made for
25the purposes of sections 122 and 123 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(2) 30But the Secretary of State may not issue a targeted equipment interference
warrant under subsection (1) if—

(a) the Secretary of State considers that the only ground for considering the
warrant to be necessary is for the purpose of preventing or detecting
serious crime, and

(b) 35the warrant, if issued, would authorise interference only with
equipment which would be in Scotland at the time of the issue of the
warrant or which the Secretary of State believes would be in Scotland
at that time.

For the power of the Scottish Ministers to issue a targeted equipment
40interference warrant, see section 98.

(3) The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—

(a) the Secretary of State considers that the warrant is necessary on
grounds falling within subsection (5),

(b) 45the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

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(c) the Secretary of State considers that the warrant is or may be necessary
to authorise the selection of protected material for examination in
breach of the prohibition in section 179(4) (prohibition on seeking to
identify communications of, or private information relating to,
5individuals in the British Islands), and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(4) But the Secretary of State may not issue a targeted examination warrant under
10subsection (3) if the warrant, if issued, would relate only to a person who
would be in Scotland at the time of the issue of the warrant or whom the
Secretary of State believes would be in Scotland at that time.

For the power of the Scottish Ministers to issue a targeted examination
warrant, see section 98.

(5) 15A warrant is necessary on grounds falling within this subsection if it is
necessary—

(a) in the interests of national security,

(b) for the purpose of preventing or detecting serious crime, or

(c) in the interests of the economic well-being of the United Kingdom so
20far as those interests are also relevant to the interests of national
security.

(6) A warrant may be considered necessary on the ground falling within
subsection (5)(c) only if the interference with equipment which would be
authorised by the warrant is considered necessary for the purpose of obtaining
25information relating to the acts or intentions of persons outside the British
Islands.

(7) The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the warrant is necessary on grounds falling within subsection
30(5).

(8) An application for the issue of a warrant under this section may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.

(9) Nothing in subsection (2) or (4) prevents the Secretary of State from doing
35anything under this section for the purposes specified in section 2(2) of the
European Communities Act 1972.

98 Power to issue warrants to intelligence services: the Scottish Ministers

(1) The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted equipment interference warrant if—

(a) 40the warrant authorises interference only with equipment which is in
Scotland at the time the warrant is issued or which the Scottish
Ministers believe to be in Scotland at that time,

(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,

(c) 45the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

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(d) the Scottish Ministers consider that satisfactory arrangements made for
the purposes of sections 122 and 123 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(e) except where the Scottish Ministers consider that there is an urgent
5need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(2) The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—

(a) the warrant relates only to a person who is in Scotland, or whom the
10Scottish Ministers believe to be in Scotland, at the time of the issue of
the warrant,

(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,

(c) the Scottish Ministers consider that the conduct authorised by the
15warrant is proportionate to what is sought to be achieved by that
conduct,

(d) the Scottish Ministers consider that the warrant is or may be necessary
to authorise the selection of protected material in breach of the
prohibition in section 179(4) (prohibition on seeking to identify
20communications of, or private information relating to, individuals in
the British Islands), and

(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(3) 25The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the warrant is necessary as mentioned in subsection (1)(b) or
(2)(b).

(4) An application for the issue of a warrant under this section may only be made
30on behalf of the head of an intelligence service by a person holding office under
the Crown.

99 Power to issue warrants to the Chief of Defence Intelligence

(1) The Secretary of State may, on an application made by or on behalf of the Chief
of Defence Intelligence, issue a targeted equipment interference warrant if—

(a) 35the Secretary of State considers that the warrant is necessary in the
interests of national security,

(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) 40the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 122 and 123 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
45approved by a Judicial Commissioner.

(2) The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the warrant is necessary as mentioned in subsection (1)(a).

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(3) An application for the issue of a warrant under this section may only be made
on behalf of the Chief of Defence Intelligence by a person holding office under
the Crown.

100 Decision to issue warrants under sections 97 to 99 to be taken personally by
5Ministers

(1) The decision to issue a warrant under section 97 or 99 must be taken personally
by the Secretary of State.

(2) The decision to issue a warrant under section 98 must be taken personally by a
member of the Scottish Government.

(3) 10Before a warrant under section 97, 98 or 99 is issued, it must be signed by the
person who has taken the decision to issue it (subject to subsection (4)).

(4) If it is not reasonably practicable for a warrant to be signed by the person who
has taken the decision to issue it, the warrant may be signed by a senior official
designated by the Secretary of State or (as the case may be) the Scottish
15Ministers for that purpose.

(5) In such a case, the warrant must contain a statement that—

(a) it is not reasonably practicable for the warrant to be signed by the
person who took the decision to issue it, and

(b) the Secretary of State or (as the case may be) a member of the Scottish
20Government has personally and expressly authorised the issue of the
warrant.

101 Power to issue warrants to law enforcement officers

(1) A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may,
on an application made by a person who is an appropriate law enforcement
25officer in relation to the chief, issue a targeted equipment interference warrant
if—

(a) the law enforcement chief considers that the warrant is necessary for
the purpose of preventing or detecting serious crime,

(b) the law enforcement chief considers that the conduct authorised by the
30warrant is proportionate to what is sought to be achieved by that
conduct,

(c) the law enforcement chief considers that satisfactory arrangements
made for the purposes of sections 122 and 123 (safeguards relating to
disclosure etc.) are in force in relation to the warrant, and

(d) 35except where the law enforcement chief considers that there is an
urgent need to issue the warrant, the decision to issue the warrant has
been approved by a Judicial Commissioner.

(2) The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
40to establish that the warrant is necessary as mentioned in subsection (1)(a).

(3) A law enforcement chief described in Part 1 of the table in Schedule 6 may, on
an application made by a person who is an appropriate law enforcement officer
in relation to the chief, issue a targeted equipment interference warrant if—

(a) the law enforcement chief considers that the warrant is necessary for
45the purpose of preventing death or any injury or damage to a person’s

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physical or mental health or of mitigating any injury or damage to a
person’s physical or mental health,

(b) the law enforcement chief considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
5conduct,

(c) the law enforcement chief considers that satisfactory arrangements
made for the purposes of sections 122 and 123 (safeguards relating to
disclosure etc.) are in force in relation to the warrant, and

(d) except where the law enforcement chief considers that there is an
10urgent need to issue the warrant, the decision to issue the warrant has
been approved by a Judicial Commissioner.

(4) If it is not reasonably practicable for a law enforcement chief to consider an
application under this section, an appropriate delegate may, in an urgent case,
exercise the power to issue a targeted equipment interference warrant.

(5) 15For the purposes of this section—

(a) a person is a law enforcement chief if the person is listed in the first
column of the table in Schedule 6;

(b) a person is an appropriate delegate in relation to a law enforcement
chief listed in the first column if the person is listed in the
20corresponding entry in the second column of that table;

(c) a person is an appropriate law enforcement officer in relation to a law
enforcement chief listed in the first column if the person is listed in the
corresponding entry in the third column of that table.

(6) Where the law enforcement chief is the Chief Constable or the Deputy Chief
25Constable of the Police Service of Northern Ireland, the reference in subsection
(1)(a) to the purpose of preventing or detecting serious crime includes a
reference to the interests of national security.

(7) A law enforcement chief who is an immigration officer may consider that the
condition in subsection (1)(a) is satisfied only if the serious crime relates to an
30offence which is an immigration or nationality offence (whether or not it also
relates to other offences).

(8) A law enforcement chief who is an officer of Revenue and Customs may
consider that the condition in subsection (1)(a) is satisfied only if the serious
crime relates to an assigned matter within the meaning of section 1(1) of the
35Customs and Excise Management Act 1979.

(9) A law enforcement chief who is a designated customs official may consider
that the condition in subsection (1)(a) is satisfied only if the serious crime
relates to a matter in respect of which a designated customs official has
functions.

(10) 40A law enforcement chief who is the chair of the Competition and Markets
Authority may consider that the condition in subsection (1)(a) is satisfied only
if the offence, or all of the offences, to which the serious crime relates are
offences under section 188 of the Enterprise Act 2002.

(11) A law enforcement chief who is the chairman, or a deputy chairman, of the
45Independent Police Complaints Commission may consider that the condition
in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which
the serious crime relates are offences that are being investigated as part of an
investigation by the Commission under Schedule 3 to the Police Reform Act
2002.

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(12) A law enforcement chief who is the Police Investigations and Review
Commissioner may consider that the condition in subsection (1)(a) is satisfied
only if the offence, or all of the offences, to which the serious crime relates are
offences that are being investigated under section 33A(b)(i) of the Police, Public
5Order and Criminal Justice (Scotland) Act 2006.

(13) For the purpose of subsection (7), an offence is an immigration or nationality
offence if conduct constituting the offence—

(a) relates to the entitlement of one or more persons who are not nationals
of the United Kingdom to enter, transit across, or be in, the United
10Kingdom (including conduct which relates to conditions or other
controls on any such entitlement), or

(b) is undertaken for the purposes of or otherwise in relation to—

(i) the British Nationality Act 1981;

(ii) the Hong Kong Act 1985;

(iii) 15the Hong Kong (War Wives and Widows) Act 1996;

(iv) the British Nationality (Hong Kong) Act 1997;

(v) the British Overseas Territories Act 2002;

(vi) an instrument made under any of those Acts.

(14) In this section—

  • 20“designated customs official” has the same meaning as in Part 1 of the
    Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that
    Act);

  • “immigration officer” means a person appointed as an immigration
    officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

102 25Restriction on issue of warrants to certain law enforcement officers

(1) A law enforcement chief specified in subsection (2) may not issue a targeted
equipment interference warrant under section 101 unless the law enforcement
chief considers that there is a British Islands connection.

(2) The law enforcement chiefs specified in this subsection are—

(a) 30the Chief Constable of a police force maintained under section 2 of the
Police Act 1996;

(b) the Commissioner, or an Assistant Commissioner, of the metropolitan
police force;

(c) the Commissioner of Police for the City of London;

(d) 35the chief constable of the Police Service of Scotland;

(e) the Chief Constable or a Deputy Chief Constable of the Police Service
of Northern Ireland;

(f) the Chief Constable of the British Transport Police Force;

(g) the Chief Constable of the Ministry for Defence Police;

(h) 40the chairman, or a deputy chairman, of the Independent Police
Complaints Commission;

(i) the Police Investigations and Review Commissioner.

(3) The Director General of the National Crime Agency may not issue a targeted
equipment interference warrant on the application of a member of a
45collaborative police force unless the Director General considers that there is a
British Islands connection