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back to previous amendments
| | THE EARL OF NORTHESK
THE LORD LUCAS |
| 176G* | Page 63, line 27, after "103" insert "and any order or direction issued under it" |
| 177 | Page 63, line 27, leave out from "period" to end of line 29 |
| 177A* | Page 63, line 34, leave out subsection (4) and insert— |
| "( ) | It shall be the duty of the Secretary of State to receive quotations from businesses on the costs of complying with the data retention provisions of this Act and the code of practice, and to ensure subsequently that the appropriate payments in relation to capital and operational costs are made to communications providers." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177B* | Page 63, line 41, at end insert— |
| "( ) | Section 65 of the Regulation of Investigatory Powers Act 2000 (c. 23) (the Tribunal) is amended as follows— |
| | in subsection (5), after paragraph (f) insert— |
| "(g) | the making of any request for the retention or disclosure of communications data in pursuance of any code of practice issued or agreement entered into under section 102 of the Anti-terrorism, Crime and Security Act 2001 and the making of any direction pursuant to section 103 of that Act." |
| | in subsection (8), after paragraph (f) insert— |
| "(g) | a code of practice or agreement made under section 102 of the Anti-terrorism Crime and Security Act 2001, or a direction made under section 103 of that Act." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177C* | Page 64, line 2, leave out from "that" to end of line 5 and insert "arrangements are in force as are necessary for securing that a person who provides a communications service receives such contributions as is, in the circumstances of that person's case, a fair contribution towards the costs incurred, or likely to be incurred, by him" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177D* | Insert the following new Clause— |
| | "Exemption from Data Protection requirements |
| (1) | Any communications provider who complies with any provision of a code of practice made, or an agreement entered into under section 102 or any direction made under section 103 shall to the extent of that compliance be exempt from any conflicting requirement of the Data Protection Act 1998 (c. 29) or any other legislation or code of practice, and such compliance shall be legal notwithstanding any statement to the contrary in any legislation. |
| (2) | In any proceedings against a person on the grounds that they retained certain data, it shall be a defence for him to show that he believed that subsection (1) applied to that data." |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177E* | Page 64, line 16, at end insert "but for the purposes of this Part shall not include transitory data; |
| | "transitory data" means data which, save for any provision under this Part, would not have been retained for at least 24 hours;" |
| 177F* | Page 64, line 17, leave out "postal service or a" and insert "public postal service or a public" |
| 177G* | Page 64, line 18, leave out "telecommunications service" and insert "public telecommunications service, and for the purposes of this Act a public telecommunications service means any parts of a publicly accessible telecommunications system by which any public telecommunications service is provided and located in the United Kingdom" |
| | THE LORD LUCAS
THE EARL OF NORTHESK |
| 177H* | Page 64, line 28, at end insert— |
| "( ) | Any code of practice, agreement or direction issued under this Part shall include appropriate transitional arrangements." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 177J* | Page 64, line 36, leave out subsection (2) |
| 178 | Page 65, line 10, after "Kingdom)" insert "and in particular such authorities having legislative, administrative, or judicial functions, or exercising a public function for that country or territory (including public agencies or public enterprises) and public international organisations" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 180 | Page 65, line 22, leave out paragraph (a) |
| 181 | Page 65, line 25, leave out paragraph (c) |
| 182 | Page 65, line 32, at end insert— |
| "( ) | It shall be a defence in proceedings brought under this section that the act was lawful under the written laws and regulations of the country or territory outside the United Kingdom." |
| | THE LORD DIXON-SMITH
THE BARONESS BUSCOMBE
THE LORD KINGSLAND |
| 183 | Page 65, line 32, at end insert— |
| "( ) | It is a defence for a person charged with an offence under this section as a result of offering a reward or inducement to prove that he had a reasonable excuse for committing the offence." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 184 | Insert the following new Clause— |
| | "Section 107 or 108 offences |
| (1) | No prosecution for an offence under section 107 or 108 shall be instituted except by, or with the consent of, the Attorney General. |
| (2) | The Secretary of State shall lay before both Houses of Parliament at least once every twelve months a report on any prosecutions arising under section 107 or 108." |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 184A* | Page 73, line 15, leave out "5" and insert "4, |
| ( ) | Part 5 (subject to section (Commencement of Part 5))" |
| | THE LORD KINGSLAND
THE BARONESS BUSCOMBE |
| 185* | Insert the following new Clause— |
| | Part 5 of this Act shall not come into force until the Secretary of State has conducted a consultation exercise on its provisions with the following bodies, and placed a copy of their responses in the Libraries of the two Houses of Parliament— |
| (c) | The Justices' Clerks, |
| (d) | The Districts Judges (Magistrates' Courts), |
| (e) | The Lay Magistracy, and |
| (f) | The Crown Court Judges." |
| 185A* | Insert the following new Clause— |
| | The provisions of this Act shall expire at the end of the period of three years from the day on which this Act is passed." |
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