(a) 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;

(b) 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;

(c) has come into the possession of any person by means of the exercise of any power conferred by an authorisation under section 21(3) or under Part II, or as a result of the giving of a notice under section 21(4), or is likely to do so;

(d) 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

(e) 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.

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

(b) that the imposition of a requirement to disclose the key disclosure requirement in respect of 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 to what is sought to be achieved by its imposition, and

(d) that the key cannot reasonably be obtained by the person with the appropriate permission  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,

(a) in the interests of national security;

(b) for the purpose of preventing or detecting crime; or

(c) in the interests of the economic well-being of the United Kingdom.

(a) 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;

(b) must describe the protected information to which the notice relates;

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

(d) 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 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;

(e) must state whether or not the notice is one that may be complied with by the provision of the protected information in an intelligible form (without the disclosure of a key);

(f) must specify the time by which the notice is to be complied with;

(g) must specify the manner in which any key is to be disclosed (or information provided) in compliance with the notice; and

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

(h) subject to paragraph (a) and subsections (4A) and (4B), may take such form and be given in such manner as the person giving it thinks fit.

(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) the person giving the notice; or

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

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

(b) has not in fact been used for any other purpose.

(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,

(1) Subsection (2) applies where-
 

(a) a person is required by a section 46 notice to disclose a key to any protected information; and

(b) compliance with the requirement by the provision of the information in an intelligible form is authorised for the purposes of this section.

(a) may use it to obtain access to the protected information, or to put that information into an intelligible form; and

(b) shall be taken for the purposes of this Part to have complied with the requirement to disclose the key if, by the time by which he is required to disclose it to any person, he has instead provided that person with the information in an intelligible form.

(a) the person who for the purposes of Schedule 1 granted the permission for the giving of a section 46 the notice in relation to that information, or

(b) 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,

(a) 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

(b) 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.

is guilty of an offence if-
 

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

(b) he is a person who has or has had possession of the key.

(a) that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it; but

(b) that he did, before that time, make a disclosure, to the person to whom he was required to disclose the key, of all such information in his possession as was required by that person to 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

(subject to subsection (4)) for that person to show-
 

(a) that it was not reasonably practicable for him to make a disclosure of the key before the time by which he was required to do so;

(b) where the key was not in his possession at that time, that it was not reasonably practicable for him, before that time, to make such a disclosure as is mentioned in subsection (2)(b); and

(c) that as soon after that time as it was reasonably practicable for him to make a disclosure of the key or (if earlier) of sufficient information to enable possession of the key to be obtained, he made such a disclosure to the person to whom he was required to disclose the key.

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

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

(a) the person to whom the notice is given, and

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

(a) it is included with the consent of the person who for the purposes of Schedule 1 granted the permission for the giving of the notice; or

(b) 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.

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

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

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

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

(a) 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

(b) 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.

(a) 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

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

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

(b) for the purposes of those proceedings.

(a) by such a Commissioner;

(b) by the terms of the notice;

(c) by or on behalf of the person who gave the notice; or

(d) by or on behalf of a person who-

(i) is in lawful possession of the protected information to which the notice relates; and

(ii) came into possession of that information as mentioned in section 46(1).

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

(b) every chief officer of police;

(c) the Commissioners of Customs and Excise; and

(d) every person whose officers or employees include persons with duties that involve the giving of section 46 notices.

(a) that a key disclosed in pursuance of a section 46 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;

(b) 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;

(c) 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;

(d) that the requirements of subsection (3) are satisfied in relation to any key disclosed in pursuance of a section 46 notice;

(e) 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.

(a) the number of persons to whom the key is disclosed or otherwise made available, and

(b) the number of copies made of the key,

(a) the chief constable of a police force maintained under or by virtue of section 2 of the Police Act 1996 or section 1 of the Police (Scotland) Act 1967;

(b) the Commissioner of Police of the Metropolis;

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

(d) the Chief Constable of the Royal Ulster Constabulary;

(e) the Chief Constable of the Ministry of Defence Police;

(f) the Provost Marshal of the Royal Navy Regulating Branch;

(g) the Provost Marshal of the Royal Military Police;

(h) the Provost Marshal of the Royal Air Force Police;

(i) the Chief Constable of the British Transport Police;

(j) the Director General of the National Criminal Intelligence Service;

(k) the Director General of the National Crime Squad.

"the customs and excise" means the Commissioners of Customs and Excise or any customs officer;

"electronic signature" means anything in electronic form which-

(a) is incorporated into, or otherwise logically associated with, any electronic communication or other electronic data;

(b) is generated by the signatory or other source of the communication or data; and

(c) is used for the purpose of facilitating, by means of a link between the signatory or other source and the communication or data, the establishment of the authenticity of the communication or data, the establishment of its integrity, or both;

"key", in relation to any electronic data, means any key, code, password, algorithm or other data the use of which (with or without other keys)-

(a) allows access to the electronic data, or

(b) facilitates the putting of the data into an intelligible form;

"the police" means-

(a) any constable;

(b) the Commissioner of Police of the Metropolis or any Assistant Commissioner of Police of the Metropolis; or

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

"protected information" means any electronic data which, without the key to the data-

(a) cannot, or cannot readily, be accessed, or

(b) cannot, or cannot readily, be put into an intelligible form;

"section 46 notice" means a notice under section 46;

"warrant" includes any authorisation, notice or other instrument (however described) conferring a power of the same description as may, in other cases, be conferred by a warrant.

(a) to its being in the possession of a person who is under his control so far as that information is concerned;

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

(b) to its being, or being contained in, anything which he or a person under his control is entitled, in exercise of any statutory power and without otherwise taking possession of it, to detain, inspect or search.

(a) references to the authenticity of any communication or data are references to any one or more of the following-

(i) whether the communication or data comes from a particular person or other source;

(ii) whether it is accurately timed and dated;

(iii) whether it is intended to have legal effect;

and

(b) references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.