(with hyperlinks from government Pt.III amendments to consolidated bill text by FIPR - please notify part3@fipr.org of any errors)

Here you can browse the Third Marshalled List of Amendments to the Regulation of Investigatory Powers Bill to be moved in Committee in the House of Lords.

("(  )  in relation to a person or persons in a place or location where there is no reasonable expectation of privacy;")

(a)  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

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

(  )  whilst doing anything falling within paragraphs (b) and (c) above, he engages in a course of action which, without authority, could have led to his arrest and prosecution")

(  )  he covertly discloses information to avoid the commission of a criminal offence by another person under any other enactment")

(a)  in relation to section 27 if it is specified in Part I or II of Schedule (Relevant public authorities); and

(b)  in relation to section 28 if it is specified in Part I of that Schedule.

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

(b)  removing a public authority from that Schedule;

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

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

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

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

("(  )  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);")

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

(b)  written notice of the Commissioner's decision to approve the grant of the authorisation has been given to the person who granted the authorisation.")

("(  )  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;")

(c)  where he considers it appropriate to do so, attach conditions to the grant of approval")

(e)  a member of the Security Service in relation to law enforcement functions under section 1(4) of the Security Service Act 1989, as amended by section 1 of the Security Service Act 1996")

    (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")

    (iii)  a chief constable of a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967,")

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

(b)  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.

(a)  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;

(b)  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);

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

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

(e)  authorises conduct that is surveillance by virtue of section 45(4).

(a)  each of the intelligence services;

(b)  Her Majesty's forces;

(c)  the Ministry of Defence;

(d)  the Ministry of Defence Police;

(e)  the Commissioners of Customs and Excise; and

(f)  the British Transport Police.

(a)  the fact that it is a public authority for the time being specified in Schedule (Relevant public authorities), or

(b)  an order under subsection (1)(d) of section 39 designating that authority for the purposes of that section,

(a)  that any person is able to put the protected information into an intelligible form,

(b)  that the imposition of a requirement to disclose the information in intelligible form, or to disclose the key to the protected information, is--

    (i)  necessary on grounds falling within subsection (3), or

    (ii)  likely to be of value for purposes connected with the exercise or performance by any public authority of any statutory power or statutory duty,

(c)  that the imposition of such a requirement is proportionate, taking into account the full consequences of its disclosure, to what is sought to be achieved by its imposition,

(d)  that the information in intelligible form, or the key, cannot reasonably be obtained by the person with the appropriate permission without the giving of a notice under this section,

("(  )  must specify the person to whom the notice is given;

(  )  should, other than in exceptional circumstances, be given to the most senior person appropriate in any organisation;")

("(  )  must specify the office, rank or position of the person who for the purposes of Schedule 1 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;")

("(  )  may contain a requirement as described in section 50(1), and may in exceptional circumstances forbid the taking of action to preserve the confidentiality of other communications;")

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

("(  )  must specify a period, not exceeding 40 days, within which the notice shall be deemed to have expired;")

(  )  must specify a date after which (subject to renewal) it shall cease to have effect, which shall not be later than the date after which (subject to renewal) the permission to issue that notice shall have ceased to have effect")

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

(b)  that any of those persons is in possession of that key in his capacity as the officer or employee of any body corporate, and

(c)  another of those persons is the body corporate itself or another officer or employee of the body corporate,

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

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

(c)  another of those persons is the firm itself or a partner of the firm,

(a)  that it is no longer necessary on grounds falling within subsection (2) for the requirements of the notice to be complied with, or

(b)  that the imposition of those requirements is no longer proportionate to what is sought to be achieved by its imposition,

(a)  it is intended to be used for the purpose only of generating electronic signatures and has not in fact been used for any other purpose; or

(b)  the protected information to which that key relates is itself a further key whose disclosure could not be required by virtue of this subsection.")

    (i)  at any time during the period within which the notice, or any notice of which the relevant notice is a renewal, is in effect, or

    (ii)  at any time during a period prior to the coming into effect of the notice, and of any warrant or instrument which contained permission for the issuing of the notice, that is commensurate with the period within which the investigations or events which gave rise to the issuing of that notice, warrant or instrument were taking place")

(a)  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

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

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

(b)  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.

(a)  that person is not in possession of the information,

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

(c)  the notice states, in pursuance of a direction under section 47, that it can be complied with only by the disclosure of a key to the information,

(a)  is entitled or obliged to disclose a key to protected information for the purpose of complying with any disclosure requirement imposed by a section 46 notice; and

(b)  he is in possession of more than one key to that information.

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

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

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

(b)  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

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

(a)  there are exceptional circumstances which mean that the purposes of a notice under section 46 to provide information in an intelligible form would be defeated, in whole or in part, and

(b)  that the giving of permission under this section is proportionate to what is sought to be achieved,

(a)  that there are exceptional 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 part, if the direction were not given;

(b)  that the seriousness of the suspected offence warrants it;

(c)  that there are reasonable grounds for belief that the decrypted text of the protected information would not be provided in an accurate form; and

(d)  that the giving of the direction is proportionate, taking into account the consequences of such disclosure, to what is sought to be achieved by requiring disclosure of the key itself.

    (i)  at any time during the period within which the notice, or any notice of which the relevant notice is a renewal, is in effect, or

    (ii)  at any time during a period prior to the coming into effect of the notice, and of any warrant or instrument which contained permission for the issuing of the notice, that is commensurate with the period within which the investigations or events which gave rise to the issuing of that notice, warrant or instrument were taking place")

(a)  he fails to comply, in accordance with a section 46 notice, with a requirement of that notice to disclose a key to protected information; and

(b)  he is a person--

    (i)  who has had possession of the key; and

    (ii)  who has, or who after the giving of the notice and before the time by which he was required to disclose the key had, possession of information which would (either on its own or in combination with other information) enable possession of the key to be obtained; and

(c)  with intent to impede access to protected information or the putting of that information into an intelligible form, he did not before the time by which he was required to disclose the key make a disclosure to the person to whom he was required to disclose the key of all such information in his possession which would (either on its own or in combination with other information) enable possession of the key to be obtained.")

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

(b)  the contrary is not proved beyond a reasonable doubt.")

(a)  that it was not reasonably practicable for him to make the disclosure required by virtue of the giving of the section 46 notice before the time by which he was required, in accordance with that notice, to make it; but

(b)  that he did make that disclosure as soon after that time as it was reasonably practicable for him to do so")

("(  )  that a key disclosed in pursuance of a notice under section 46 is stored safely and kept safe at all times,")

("(  ) that a key disclosed in pursuance of a section 46 notice is stored safely and kept safe at all times;")

("(a) serves to and is intended to deny, to any person or apparatus, access to the electronic data or the putting of the data into an intelligible form, or

(b) serves to establish the authenticity, or the integrity, or the authority conveyed by, the data;")

("(  )  to his having an immediate right of access to it, or an immediate right to have it transmitted or otherwise supplied to him;")

(c) references to the authority conveyed by any communication or data are references to the effect that the communication or data is intended to bring about when made available to the person or apparatus that was intended to act upon it")

(a)  the exercise by the Secretary of State of his powers under sections 5 to 7 of the Intelligence Services Act 1994 (warrants for interference with wireless telegraphy, entry and interference with property etc.);

(b)  the exercise and performance by the Secretary of State, in connection with or in relation to--

    (i)  the activities of the intelligence services, and

    (ii)  the activities in places other than Northern Ireland of the officials of the Ministry of Defence and of members of Her Majesty's forces,

(c)  the exercise and performance by members of the intelligence services of the powers and duties conferred or imposed on them by or under Parts II and III of this Act;

(d)  the exercise and performance in places other than Northern Ireland, by officials of the Ministry of Defence and by members of Her Majesty's forces, of the powers and duties conferred or imposed on such officials or members of Her Majesty's forces by or under Parts II and III; and

(e)  the adequacy of the arrangements by virtue of which the duty imposed by section 51 is sought to be discharged--

    (i)  in relation to the members of the intelligence services; and

    (ii)  in connection with any of their activities in places other than Northern Ireland, in relation to officials of the Ministry of Defence and members of Her Majesty's forces.

(a)  in connection with the investigation of any matter by the Tribunal; or

(b)  otherwise for the purposes of the Tribunal's consideration or determination of any matter.

(a)  for the unexpired period of his term of office under that Act; and

(b)  otherwise, on the terms of his appointment under that Act.

(a)  every member of an intelligence service,

(b)  every official of the department of the Secretary of State, and

(c)  every member of Her Majesty's forces,

(a)  national security,

(b)  the prevention or detection of serious crime,

(c)  the economic well-being of the United Kingdom, or

(d)  the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

(a)  in connection with the investigation of any matter by the Tribunal; or

(b)  otherwise for the purposes of the Tribunal's consideration or determination of any matter.

(a)  every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Investigatory Powers Commissioner for Northern Ireland,

(b)  every person who has engaged in conduct with the authority of such an authorisation,

(c)  every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a), and

(d)  every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II) activities which are or may be subject to any such review have been or may be carried out,

(a)  the prevention or detection of serious crime, or

(b)  the continued discharge of the functions of any public authority whose activities include activities that are subject to review by that Commissioner,

(a)  a judge of the Crown Court or a Circuit judge;

(b)  a sheriff in Scotland; or

(c)  a county court judge in Northern Ireland.

(a)  the conduct on behalf of the Chief Surveillance Commissioner of the review of any matter; and

(b)  the making of a report to the Chief Surveillance Commissioner about the matter reviewed.

(a)  the Commissioner under section 8 of the Interception of Communications Act,

(b)  the Security Service Act Commissioner,

(c)  the Intelligence Services Act Commission,

(d)  the Chief Surveillance Commissioner, and

(e)  such additional Commissioners as the Secretary of State shall appoint by order.

(e)  any Assistant Surveillance Commissioner carrying out any functions of his under section (Assistant Surveillance Commissioners) of this Act,")

(a)  an authorisation under the relevant Scottish legislation has the effect of authorising the carrying out in Scotland of the conduct described in the authorisation,

(b)  the conduct so described is or includes conduct to which Part II of this Act applies, and

(c)  circumstances arise by virtue of which some or all of the conduct so described can for the time being be carried out only outwith Scotland,

(""Assistant Surveillance Commissioner" means any person holding office under section (Assistant Surveillance Commissioners);")

postal service" means any service which--

    (a)  consists in the following, or in any one or more of them, namely, the collection, sorting, conveyance, distribution and delivery (whether in the United Kingdom or elsewhere) of postal items; and

    (b)  is offered or provided as a service the main purpose of which, or one of the main purposes of which, is to make available, or to facilitate, a means of transmission from place to place of postal items containing communications;

private telecommunication system" means any telecommunication system which, without itself being a public telecommunication system, is a system in relation to which the following conditions are satisfied--

    (a)  it is attached, directly or indirectly and whether or not for the purposes of the communication in question, to a public telecommunication system; and

    (b)  there is apparatus comprised in the system which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to the public telecommunication system;

public postal service" means any postal service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;

public telecommunications service" means any telecommunications service which is offered or provided to, or to a substantial section of, the public in any one or more parts of the United Kingdom;

public telecommunication system" means any such parts of a telecommunication system by means of which any public telecommunications service is provided as are located in the United Kingdom;")

(""telecommunications service" means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service);

telecommunication system" means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;")

(a)  establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and

(b)  the apprehension of the person by whom any crime was committed;

(a)  so modifies or interferes with the system, or its operation,

(b)  so monitors transmissions made by means of the system, or

(c)  so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,

(a)  intercepted in the course of its transmission by means of a public postal service or public telecommunication system; or

(b)  intercepted in the course of its transmission by means of a private telecommunication system in a case in which the sender or intended recipient of the communication is in the United Kingdom.

(a)  any conduct that takes place in relation only to so much of the communication as consists in any address or other data comprised in or attached to a communication (whether by the sender or otherwise) for the purposes of any postal service or telecommunication system by means of which it is being or may be transmitted; or

(b)  any such conduct, in connection with conduct falling within paragraph (a), as gives a person who is neither the sender nor the intended recipient only so much access to a communication as is necessary for the purpose of identifying addresses and other data so comprised or attached.

(a)  any part of the system; or

(b)  any wireless telegraphy apparatus used for making transmissions to or from apparatus comprised in the system.

("(  )  in compliance with any requirement imposed (apart from that Act) in consequence of the exercise by any person of any statutory power exercisable by him for the purpose of obtaining any document or other information;")

    ("(3)  In subsection (2) above `criminal proceedings' and `statutory power' have the same meanings as in the Regulation of Investigatory Powers Act 2000."")

in the Regulation of Investigatory Powers Tribunal."")

    (5)  Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of `prevention' and `detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I."

    (1A)  Section 72(4A) of the Regulation of Investigatory Powers Act 2000 (meaning of `prevention' and `detection'), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of Chapter I of Part I of that Act."  ")

(a)  is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 16 of the Regulation of Investigatory Powers Act 2000; or"")