SECRECY REQUIREMENT: PLEASE READ PARAGRAPH 7 IMMEDIATELY*

REGULATION OF INVESTIGATORY POWERS ACT 2000

Section 47 notice requiring disclosure of key

This notice imposes a legal obligation on you. Failure to comply is an offence and may result in prosecution. If you are in any doubt about the effect of this notice, or how to comply with it, you should consult a professional legal adviser.

To: [named recipient of notice]

Disclosure requirement

1. Pursuant to section 47(2) of the Regulation of Investigatory Powers Act 2000 ("the 2000 Act"), I hereby require you to disclose a key to the information described below.

2. The information to which this notice relates is: [description of protected information]

Reason for notice

3. I believe that this notice is necessary in the interests of national security/for the purpose of preventing or detecting crime/in the interests of the economic well-being of the United Kingdom;*

or

I believe that this notice is likely to be of value for purposes connected with the exercise or performance by [name of public authority] of [specify statutory power or duty].*

Permission for notice

4. By law, this notice may only be given by a person who has the appropriate permission to give it. I have been granted permission to give this notice by [specify office, rank or position of person giving permission to serve the notice]. [Or, I am entitled to give this notice because…].

Compliance

5. This notice can only be complied with by disclosing a key to the information described in paragraph 2. You must disclose the key [describe form and manner of disclosure] no later than [time]

to: [details of appropriate officer].

Choice of key

6. If you are able to disclose a key or combination of keys which will put the information into intelligible form, no further disclosure is required of you. And if there are several keys or combinations of keys whose disclosure would discharge your obligation, the choice of which to disclose is yours.

Secrecy requirement*

7. By virtue of section 52 of the 2000 Act, I hereby require you to keep secret the giving of this notice, its contents and the things done in pursuance of it. Disclosure, except as described below, is an offence and may result in prosecution.

8. This does not affect your right to consult a professional legal adviser for advice about the effect of this notice.

9. By virtue of section 52(9) of the 2000 Act, I also authorise you to disclose to the persons described below the fact that this notice has been given: [details of persons to whom a disclosure is authorised]

10. If you wish to discuss this notice with any other person, you should consult me first. You must not make any other disclosures without my authority.

Validity

11. This notice is not valid unless signed and dated below by the person who has been given the appropriate permission to give it. If necessary, the authenticity of this notice may be confirmed by contacting the following telephone number and quoting the unique identification number given at the foot of this notice: [telephone contact point to confirm authenticity]

[office, rank or position of person serving the notice] [date]

[unique notice identifier – xxxx/2000].

*Delete as appropriate

Penalties

By virtue of section 51(1) of the 2000 Act, a person to whom a section 47 notice has been given is guilty of an offence if he fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice. A person guilty of such an offence is liable

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.

By virtue of section 52(4) of the 2000 Act, a person who makes a disclosure to any other person of anything that he is required by a section 47 notice to keep secret shall be guilty of an offence and liable

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.