Turkey - Second Highway Project : Loan 2439 - Loan Agreement - Conformed

directed surveillance;

intrusive surveillance; and

the conduct and use of covert human intelligence sources.

for the purposes of a specific investigation or a specific operation;

in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and

otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.

is carried out in relation to anything taking place on any residential premises or in any private vehicle; and

involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.

it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle; or

it is surveillance consisting in any such interception of a communication as falls within section 48(4).

is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle, but

is carried out without that device being present on the premises or in the vehicle,

is carried out by means of apparatus designed or adapted for the purpose of detecting the installation or use in any residential or other premises of a television receiver (within the meaning of section 1 of the Wireless Telegraphy Act 1949), and

is carried out from outside those premises exclusively for that purpose,

references to the conduct of a covert human intelligence source are references to any conduct of such a source which falls within any of paragraphs (a) to (c) of subsection (8), or is incidental to anything falling within any of those paragraphs; and

references to the use of a covert human intelligence source are references to inducing, asking or assisting a person to engage in the conduct of such a source, or to obtain information by means of the conduct of such a source.

he establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) or (c);

he covertly uses such a relationship to obtain information or to provide access to any information to another person; or

he covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

surveillance is covert if, and only if, it is carried out in a manner that is calculated to ensure that persons who are subject to the surveillance are unaware that it is or may be taking place;

a purpose is covert, in relation to the establishment or maintenance of a personal or other relationship, if and only if the relationship is conducted in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the purpose; and

a relationship is used covertly, and information obtained as mentioned in subsection (8)(c) is disclosed covertly, if and only if it is used or, as the case may be, disclosed in a manner that is calculated to ensure that one of the parties to the relationship is unaware of the use or disclosure in question.

an authorisation under this Part confers an entitlement to engage in that conduct on the person whose conduct it is; and

his conduct is in accordance with the authorisation.

is incidental to any conduct that is lawful by virtue of subsection (1); and

is not itself conduct an authorisation or warrant for which is capable of being granted under a relevant enactment and might reasonably have been expected to have been sought in the case in question.

an enactment contained in this Act;

section 5 of the Intelligence Services Act 1994 (warrants for the intelligence services); or

an enactment contained in Part III of the Police Act 1997 (powers of the police and of customs officers).

that the authorisation is necessary on grounds falling within subsection (3); and

that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

in the interests of national security;

for the purpose of preventing or detecting crime or of preventing disorder;

in the interests of the economic well-being of the United Kingdom;

in the interests of public safety;

for the purpose of protecting public health;

for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

consists in the carrying out of directed surveillance of any such description as is specified in the authorisation; and

is carried out in the circumstances described in the authorisation and for the purposes of the investigation or operation specified or described in the authorisation.

that the authorisation is necessary on grounds falling within subsection (3);

that the authorised conduct or use is proportionate to what is sought to be achieved by that conduct or use; and

that arrangements exist for the source’s case that satisfy the requirements of subsection (5) and such other requirements as may be imposed by order made by the Secretary of State.

in the interests of national security;

for the purpose of preventing or detecting crime or of preventing disorder;

in the interests of the economic well-being of the United Kingdom;

in the interests of public safety;

for the purpose of protecting public health;

for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or

for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.

is comprised in any such activities involving conduct of a covert human intelligence source, or the use of a covert human intelligence source, as are specified or described in the authorisation;

consists in conduct by or in relation to the person who is so specified or described as the person to whose actions as a covert human intelligence source the authorisation relates; and

is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have day-to-day responsibility for dealing with the source on behalf of that authority, and for the source’s security and welfare;

that there will at all times be another person holding an office, rank or position with the relevant investigating authority who will have general oversight of the use made of the source;

that there will at all times be a person holding an office, rank or position with the relevant investigating authority who will have responsibility for maintaining a record of the use made of the source;

that the records relating to the source that are maintained by the relevant investigating authority will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

that records maintained by the relevant investigating authority that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

prohibit the authorisation under this section of any such conduct or uses of covert human intelligence sources as may be described in the order; and

impose requirements, in addition to those provided for by subsection (2), that must be satisfied before an authorisation is granted under this section for any such conduct or uses of covert human intelligence sources as may be so described.

an authorisation under section 28 or 29, and

an authorisation by the Secretary of State for the carrying out of intrusive surveillance,

on the authorisations under sections 28 and 29 that may be granted by any individual holding an office, rank or position with a specified public authority; and

on the circumstances in which, or the purposes for which, such authorisations may be granted by any such individual.

in relation to section 28 if it is specified in Part I or II of Schedule 1; and

in relation to section 29 if it is specified in Part I of that Schedule.

adding a public authority to Part I or II of that Schedule;

removing a public authority from that Schedule;

moving a public authority from one Part of that Schedule to the other;

making any change consequential on any change in the name of a public authority specified in that Schedule.

adding any public authority to Part I or II of that Schedule, or

moving any public authority from Part II to Part I of that Schedule,

the Food Standards Agency;

the Intervention Board for Agricultural Produce;

an authority added to Schedule 1 by an order made by that Office;

an authority added to that Schedule by an order made by the Secretary of State which it would (apart from that order) have been within the powers of that Office to add to that Schedule for the purposes mentioned in subsection (1) of this section.

shall not include power to make any provision dealing with an excepted matter;

shall not include power, except with the consent of the Secretary of State, to make any provision dealing with a reserved matter.

adding any public authority to Part I or II of Schedule 1, or

moving any public authority from Part II to Part I of that Schedule,

make different provision for different cases;

contain such incidental, supplemental, consequential and transitional provision as that Office thinks fit.

that the authorisation is necessary on grounds falling within subsection (3); and

that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.

in the interests of national security;

for the purpose of preventing or detecting serious crime; or

in the interests of the economic well-being of the United Kingdom.

consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;

is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and

is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.

the chief constable of every police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

the Commissioner of Police of the Metropolis and every Assistant Commissioner of Police of the Metropolis;

the Commissioner of Police for the City of London;

the chief constable of every police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (police forces for areas in Scotland);

the Chief Constable of the Royal Ulster Constabulary and the Deputy Chief Constable of the Royal Ulster Constabulary;

the Chief Constable of the Ministry of Defence Police;

the Provost Marshal of the Royal Navy Regulating Branch;

the Provost Marshal of the Royal Military Police;

the Provost Marshal of the Royal Air Force Police;

the Chief Constable of the British Transport Police;

the Director General of the National Criminal Intelligence Service;

the Director General of the National Crime Squad and any person holding the rank of assistant chief constable in that Squad who is designated for the purposes of this paragraph by that Director General; and

any customs officer designated for the purposes of this paragraph by the Commissioners of Customs and Excise.

on an application made by a member of the same force, Service or Squad; and

in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of that force, Service or Squad.

an authorisation granted under this Part by, or on the application of, an individual who is a member of a police force, the National Criminal Intelligence Service or the National Crime Squad, or who is a customs officer; and

an authorisation given by, or on the application of, that individual under Part III of the Police Act 1997;

the area of operation of a police force maintained under section 2 of the Police Act 1996, of the metropolitan police force, of the City of London police force or of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 is the area for which that force is maintained;

the area of operation of the Royal Ulster Constabulary is Northern Ireland;

residential premises are in the area of operation of the Ministry of Defence Police if they are premises where the members of that police force, under section 2 of the Ministry of Defence Police Act 1987, have the powers and privileges of a constable;

residential premises are in the area of operation of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police if they are premises owned or occupied by, or used for residential purposes by, a person subject to service discipline;

the area of operation of the British Transport Police and also of the National Criminal Intelligence Service is the United Kingdom;

the area of operation of the National Crime Squad is England and Wales;

in relation to the Royal Navy Regulating Branch, if he is subject to the Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;

in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the Army Act 1955 for the time being applies by virtue of section 209 of that Act; and

in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.

the application is one made by a member of a police force, of the National Criminal Intelligence Service or of the National Crime Squad or by a customs officer; and

the case is urgent.

it is not reasonably practicable, having regard to the urgency of the case, for the application to be considered by any person who is a senior authorising officer by reference to the force, Service or Squad in question or, as the case may be, by virtue of a designation by the Commissioners of Customs and Excise, and

it also not reasonably practicable, having regard to the urgency of the case, for the application to be considered by a person (if there is one) who is entitled, as a designated deputy of a senior authorising officer, to exercise the functions in relation to that application of such an officer,

a person is entitled to act for the chief constable of a police force maintained under section 2 of the Police Act 1996 if he holds the rank of assistant chief constable in that force;

a person is entitled to act for the Commissioner of Police of the Metropolis, or for an Assistant Commissioner of Police of the Metropolis, if he holds the rank of commander in the metropolitan police force;

a person is entitled to act for the Commissioner of Police for the City of London if he holds the rank of commander in the City of London police force;

a person is entitled to act for the chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 if he holds the rank of assistant chief constable in that force;

a person is entitled to act for the Chief Constable of the Royal Ulster Constabulary, or for the Deputy Chief Constable of the Royal Ulster Constabulary, if he holds the rank of assistant chief constable in the Royal Ulster Constabulary;

a person is entitled to act for the Chief Constable of the Ministry of Defence Police if he holds the rank of deputy or assistant chief constable in that force;

a person is entitled to act for the Provost Marshal of the Royal Navy Regulating Branch if he holds the position of assistant Provost Marshal in that Branch;

a person is entitled to act for the Provost Marshal of the Royal Military Police or the Provost Marshal of the Royal Air Force Police if he holds the position of deputy Provost Marshal in the police force in question;

a person is entitled to act for the Chief Constable of the British Transport Police if he holds the rank of deputy or assistant chief constable in that force;

a person is entitled to act for the Director General of the National Criminal Intelligence Service if he is a person designated for the purposes of this paragraph by that Director General;

a person is entitled to act for the Director General of the National Crime Squad if he is designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;

a person is entitled to act for a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise, if he is designated for the purposes of this paragraph by those Commissioners as a person entitled so to act in an urgent case.

in relation to a chief constable, means a person holding the rank of assistant chief constable who is designated to act under section 12(4) of the Police Act 1996 or section 5(4) of the Police (Scotland) Act 1967;

in relation to the Commissioner of Police for the City of London, means a person authorised to act under section 25 of the City of London Police Act 1839;

in relation to the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad, means a person designated to act under section 8 or, as the case may be, section 54 of the Police Act 1997.

must be given in writing as soon as reasonably practicable after the grant or, as the case may be, cancellation of the authorisation to which it relates;

must be given in accordance with any such arrangements made for the purposes of this paragraph by the Chief Surveillance Commissioner as are for the time being in force; and

must specify such matters as the Secretary of State may by order prescribe.

state that the approval of a Surveillance Commissioner is required by section 36 before the grant of the authorisation will take effect; or

state that the case is one of urgency and set out the grounds on which the case is believed to be one of urgency.

scrutinise the authorisation; and

in a case where notice has been given in accordance with subsection (3)(a), decide whether or not to approve the authorisation.

the order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order; and

in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

a person who is a senior authorising officer by reference to a police force, the National Criminal Intelligence Service or the National Crime Squad;

a person who is a senior authorising officer by virtue of a designation by the Commissioners of Customs and Excise; or

a person who for the purposes of section 34 is entitled to act for a person falling within paragraph (a) or for a person falling within paragraph (b).

a member of a police force;

a member of the National Criminal Intelligence Service;

a member of the National Crime Squad; or

a customs officer.

the grant of the authorisation has been approved by an ordinary Surveillance Commissioner; and

written notice of the Commissioner’s decision to approve the grant of the authorisation has been given, in accordance with subsection (4), to the person who granted the authorisation.

believes that the case is one of urgency, and

gives notice in accordance with section 35(3)(b),

a Surveillance Commissioner shall give his approval under this section to the authorisation if, and only if, he is satisfied that there are reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in the case of the authorisation; and

a Surveillance Commissioner who makes a decision as to whether or not the authorisation should be approved shall, as soon as reasonably practicable after making that decision, give written notice of his decision to the person who granted the authorisation.

where the authorisation was granted by the senior authorising officer with any police force who is not someone’s deputy, that senior authorising officer;

where the authorisation was granted by the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad, that Director General;

where the authorisation was granted by a senior authorising officer with a police force who is someone’s deputy, the senior authorising officer whose deputy granted the authorisation;

where the authorisation was granted by the designated deputy of the Director General of the National Criminal Intelligence Service or a person entitled to act for him by virtue of section 34(4)(j), that Director General;

where the authorisation was granted by the designated deputy of the Director General of the National Crime Squad or by a person designated by that Director General for the purposes of section 32(6)(l) or 34(4)(k), that Director General;

where the authorisation was granted by a person entitled to act for a senior authorising officer under section 34(4)(a) to (i), the senior authorising officer in the force in question who is not someone’s deputy; and

where the authorisation was granted by a customs officer, the customs officer for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners of Customs and Excise.

in relation to— to his designated deputy;

in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis; and

in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;

a member of a police force;

a member of the National Criminal Intelligence Service;

a member of the National Crime Squad; or

a customs officer.

an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and

an ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,

to the most senior relevant person (within the meaning of section 36); and

to the Chief Surveillance Commissioner.

the period for appealing against the decision to make the order has expired; and

any appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.

any refusal of an ordinary Surveillance Commissioner to approve an authorisation for the carrying out of intrusive surveillance;

any decision of such a Commissioner to quash or cancel such an authorisation;

any decision of such a Commissioner to make an order under section 37 for the destruction of records.

he is satisfied that there were reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied in relation to the authorisation at the time in question; and

he is not satisfied that the authorisation is one of which notice was given in accordance with section 35(3)(b) without there being any reasonable grounds for believing that the case was one of urgency.

is satisfied that grounds exist which justify the quashing or cancellation under section 37 of the authorisation in question, but

considers that the authorisation should have been quashed or cancelled from a different time from that from which it was quashed or cancelled by the ordinary Surveillance Commissioner against whose decision the appeal is brought,

the person by whom the appeal was brought; and

the ordinary Surveillance Commissioner whose decision was appealed against.

to the persons mentioned in subsection (1); and

to the Prime Minister.

a member of any of the intelligence services;

an official of the Ministry of Defence;

a member of Her Majesty’s forces;

an individual holding an office, rank or position with any such public authority as may be designated for the purposes of this section as an authority whose activities may require the carrying out of intrusive surveillance.

the interests of national security; and

the purpose of preventing or detecting serious crime.

on the authorisations for the carrying out of intrusive surveillance that may be granted on the application of an individual holding an office, rank or position with any public authority designated for the purposes of this section; and

on the circumstances in which, or the purposes for which, such authorisations may be granted on such an application.

an authorisation under this Part; and

an intelligence services warrant;

the application for and grant of any authorisation under this Part in connection with any matter within the functions of the Secret Intelligence Service or GCHQ; and

the carrying out, in connection with any such matter, of any conduct authorised by such an authorisation.

it is something which either the other service or a member of the other service has power to do; and

it is done otherwise than in connection with functions of the other service in support of the prevention or detection of serious crime.

may be granted or renewed orally in any urgent case in which the entitlement to act of the person granting or renewing it is not confined to urgent cases; and

in any other case, must be in writing.

in the case of an authorisation which— the period of seventy-two hours beginning with the time when the grant of the authorisation or, as the case may be, its latest renewal takes effect;

in a case not falling within paragraph (a) in which the authorisation is for the conduct or the use of a covert human intelligence source, the period of twelve months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect; and

in any case not falling within paragraph (a) or (b), the period of three months beginning with the day on which the grant of the authorisation or, as the case may be, its latest renewal takes effect.

is satisfied that a review has been carried out of the matters mentioned in subsection (7); and

has, for the purpose of deciding whether he should renew the authorisation, considered the results of that review.

the use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation; and

the tasks given to the source during that period and the information obtained from the conduct or the use of the source.

in the case of the grant of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation is granted;

in the case of the renewal of an authorisation to which paragraph (c) does not apply, to the time at which or, as the case may be, day on which the authorisation would have ceased to have effect but for the renewal; and

in the case of any grant or renewal that takes effect under subsection (2) of section 36 at a time or on a day later than that given by paragraph (a) or (b), to the time at which or, as the case may be, day on which the grant or renewal takes effect in accordance with that subsection.

shall not be issued on the application of a member of any of the intelligence services, and

if so issued shall not be renewed,

an application for a warrant containing an authorisation for the carrying out of intrusive surveillance has been made by a member of any of the intelligence services, and

the Secretary of State has himself expressly authorised the issue of the warrant in that case,

was issued, on the application of a member of any of the intelligence services, under the hand of a senior official, and

has not been renewed under the hand of the Secretary of State,

in the case of a warrant that has not been renewed, at the end of the period of six months beginning with the day on which it was issued; and

in any other case, at the end of the period of six months beginning with the day on which it would have ceased to have effect if not renewed again.

an authorisation for the carrying out of directed surveillance is granted by a member of any of the intelligence services, and

the authorisation is renewed by an instrument endorsed under the hand of the person renewing the authorisation with a statement that the renewal is believed to be necessary on grounds falling within section 32(3)(a) or (c),

an authorisation for the carrying out of intrusive surveillance, and

an authorisation for the carrying out of directed surveillance,

he is satisfied that the authorisation is one in relation to which the requirements of section 28(2)(a) and (b), 29(2)(a) and (b) or, as the case may be, 32(2)(a) and (b) are no longer satisfied; or

in the case of an authorisation under section 29, he is satisfied that arrangements for the source’s case that satisfy the requirements mentioned in subsection (2)(c) of that section no longer exist.

in relation to— to his designated deputy;

in relation to the Commissioner of Police of the Metropolis, to an Assistant Commissioner of Police of the Metropolis;

in relation to the Chief Constable of the Royal Ulster Constabulary, to the Deputy Chief Constable of the Royal Ulster Constabulary;

in relation to the Director General of the National Criminal Intelligence Service, to his designated deputy; and

in relation to the Director General of the National Crime Squad, to any person designated by him for the purposes of section 32(6)(l) or to his designated deputy.

that the authorisation is not one for which this Part is the relevant statutory provision for all parts of the United Kingdom; and

that all the conduct authorised by the grant or, as the case may be, renewal of the authorisation is likely to take place in Scotland.

is granted or renewed on the grounds that it is necessary in the interests of national security or in the interests of the economic well-being of the United Kingdom;

is granted or renewed by or on the application of a person holding any office, rank or position with any of the public authorities specified in subsection (3);

authorises conduct of a person holding an office, rank or position with any of the public authorities so specified;

authorises conduct of an individual acting as a covert human intelligence source for the benefit of any of the public authorities so specified; or

authorises conduct that is surveillance by virtue of section 48(4).

each of the intelligence services;

Her Majesty’s forces;

the Ministry of Defence;

the Ministry of Defence Police;

the Commissioners of Customs and Excise; and

the British Transport Police.

the fact that it is a public authority for the time being specified in Schedule 1, or

an order under subsection (1)(d) of section 41 designating that authority for the purposes of that section,

apply this Part, with such modifications as he thinks fit, to any such surveillance that is neither directed nor intrusive as may be described in the order;

provide for any description of directed surveillance to be treated for the purposes of this Part as intrusive surveillance.

monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications;

recording anything monitored, observed or listened to in the course of surveillance; and

surveillance by or with the assistance of a surveillance device.

any conduct of a covert human intelligence source for obtaining or recording (whether or not using a surveillance device) any information which is disclosed in the presence of the source;

the use of a covert human intelligence source for so obtaining or recording information; or

any such entry on or interference with property or with wireless telegraphy as would be unlawful unless authorised under—

the communication is one sent by or intended for a person who has consented to the interception of communications sent by or to him; and

there is no interception warrant authorising the interception.

the reference to a person having the right to use a vehicle does not, in relation to a motor vehicle, include a reference to a person whose right to use the vehicle derives only from his having paid, or undertaken to pay, for the use of the vehicle and its driver for a particular journey; and

the reference to premises occupied or used by any person for residential purposes or otherwise as living accommodation does not include a reference to so much of any premises as constitutes any common area to which he has or is allowed access in connection with his use or occupation of any accommodation.

has come into the possession of any person by means of the exercise of a statutory power to seize, detain, inspect, search or otherwise to interfere with documents or other property, or is likely to do so;

has come into the possession of any person by means of the exercise of any statutory power to intercept communications, or is likely to do so;

has come into the possession of any person by means of the exercise of any power conferred by an authorisation under section 22(3) or under Part II, or as a result of the giving of a notice under section 22(4), or is likely to do so;

has come into the possession of any person as a result of having been provided or disclosed in pursuance of any statutory duty (whether or not one arising as a result of a request for information), or is likely to do so; or

has, by any other lawful means not involving the exercise of statutory powers, come into the possession of any of the intelligence services, the police or the customs and excise, or is likely so to come into the possession of any of those services, the police or the customs and excise.

that a key to the protected information is in the possession of any person,

that the imposition of a disclosure requirement in respect of the protected information is—

that the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, and

that it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section,

in the interests of national security;

for the purpose of preventing or detecting crime; or

in the interests of the economic well-being of the United Kingdom.

must be given in writing or (if not in writing) must be given in a manner that produces a record of its having been given;

must describe the protected information to which the notice relates;

must specify the matters falling within subsection (2)(b)(i) or (ii) by reference to which the notice is given;

must specify the office, rank or position held by the person giving it;

must specify the office, rank or position of the person who for the purposes of Schedule 2 granted permission for the giving of the notice or (if the person giving the notice was entitled to give it without another person’s permission) must set out the circumstances in which that entitlement arose;

must specify the time by which the notice is to be complied with; and

must set out the disclosure that is required by the notice and the form and manner in which it is to be made;

that more than one person is in possession of the key to any protected information,

that any of those persons is in possession of that key in his capacity as an officer or employee of any body corporate, and

that another of those persons is the body corporate itself or another officer or employee of the body corporate,

that more than one person is in possession of the key to any protected information,

that any of those persons is in possession of that key in his capacity as an employee of a firm, and

that another of those persons is the firm itself or a partner of the firm,

the person giving the notice; or

such other person as may be specified in or otherwise identified by, or in accordance with, the provisions of the notice.

is intended to be used for the purpose only of generating electronic signatures; and

has not in fact been used for any other purpose.

shall be entitled to use any key in his possession to obtain access to the information or to put it into an intelligible form; and

shall be required, in accordance with the notice imposing the requirement, to make a disclosure of the information in an intelligible form.

he makes, instead, a disclosure of any key to the protected information that is in his possession; and

that disclosure is made, in accordance with the notice imposing the requirement, to the person to whom, and by the time by which, he was required to provide the information in that form.

that person is not in possession of the information,

that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligible form, or

the notice states, in pursuance of a direction under section 51, that it can be complied with only by the disclosure of a key to the information,

is entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 49 notice; and

is in possession of more than one key to that information.

subsection (5) allows the person given notice to comply with a requirement without disclosing all of the keys in his possession, and

there are different keys, or combinations of keys, in the possession of that person the disclosure of which would, under that subsection, constitute compliance,

that person has been in possession of the key to that information but is no longer in possession of it,

if he had continued to have the key in his possession, he would have been required by virtue of the giving of the notice to disclose it, and

he is in possession, at a relevant time, of information to which subsection (9) applies,

the person who for the purposes of Schedule 2 granted the permission for the giving of the notice in relation to that information, or

any person whose permission for the giving of a such a notice in relation to that information would constitute the appropriate permission under that Schedule,

in the case of a direction by the police or by a member of Her Majesty’s forces who is a member of a police force, except by or with the permission of a chief officer of police;

in the case of a direction by the customs and excise, except by or with the permission of the Commissioners of Customs and Excise; or

in the case of a direction by a member of Her Majesty’s forces who is not a member of a police force, except by or with the permission of a person of or above the rank of brigadier or its equivalent.

that there are special circumstances of the case which mean that the purposes for which it was believed necessary to impose the requirement in question would be defeated, in whole or in part, if the direction were not given; and

that the giving of the direction is proportionate to what is sought to be achieved by prohibiting any compliance with the requirement in question otherwise than by the disclosure of the key itself.

the extent and nature of any protected information, in addition to the protected information in respect of which the disclosure requirement is imposed, to which the key is also a key; and

any adverse effect that the giving of the direction might have on a business carried on by the person on whom the disclosure requirement is imposed.

in a case where the direction is given— to the Intelligences Services Commissioner; and

in any other case, to the Chief Surveillance Commissioner.

must be given not more than seven days after the day of the giving of the direction to which it relates; and

may be given either in writing or by being transmitted to the Commissioner in question by electronic means.

sufficient evidence of that fact is adduced to raise an issue with respect to it; and

the contrary is not proved beyond a reasonable doubt.

that it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 49 notice before the time by which he was required, in accordance with that notice, to make it; but

that he did make that disclosure as soon after that time as it was reasonably practicable for him to do so.

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

the person to whom the notice is given, and

every other person who becomes aware of it or of its contents,

it is included with the consent of the person who for the purposes of Schedule 2 granted the permission for the giving of the notice; or

the person who gives the notice is himself a person whose permission for the giving of such a notice in relation to the information in question would have constituted appropriate permission under that Schedule.

has come into the possession of the police, the customs and excise or any of the intelligence services, or

is likely to come into the possession of the police, the customs and excise or any of the intelligence services,

on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

the disclosure was effected entirely by the operation of software designed to indicate when a key to protected information has ceased to be secure; and

that person could not reasonably have been expected to take steps, after being given the notice or (as the case may be) becoming aware of it or of its contents, to prevent the disclosure.

the disclosure was made by or to a professional legal adviser in connection with the giving, by the adviser to any client of his, of advice about the effect of provisions of this Part; and

the person to whom or, as the case may be, by whom it was made was the client or a representative of the client.

in contemplation of, or in connection with, any legal proceedings; and

for the purposes of those proceedings.

by such a Commissioner;

by the terms of the notice;

by or on behalf of the person who gave the notice; or

by or on behalf of a person who—

the Secretary of State and every other Minister of the Crown in charge of a government department;

every chief officer of police;

the Commissioners of Customs and Excise; and

every person whose officers or employees include persons with duties that involve the giving of section 49 notices.

that a key disclosed in pursuance of a section 49 notice is used for obtaining access to, or putting into an intelligible form, only protected information in relation to which power to give such a notice was exercised or could have been exercised if the key had not already been disclosed;

that the uses to which a key so disclosed is put are reasonable having regard both to the uses to which the person using the key is entitled to put any protected information to which it relates and to the other circumstances of the case;

that, having regard to those matters, the use and any retention of the key are proportionate to what is sought to be achieved by its use or retention;

that the requirements of subsection (3) are satisfied in relation to any key disclosed in pursuance of a section 49 notice;

that, for the purpose of ensuring that those requirements are satisfied, any key so disclosed is stored, for so long as it is retained, in a secure manner;

that all records of a key so disclosed (if not destroyed earlier) are destroyed as soon as the key is no longer needed for the purpose of enabling protected information to be put into an intelligible form.