Interception of Communications Act 1985
01 January 1991
Interception of Communications Act 1985
actdoc July=1991
(NB. Marginal notes are in [...] immediately before the section
to which they refer)
CHAPTER 56
ARRANGEMENT OF SECTIONS
Section
1. Prohibition on interception.
2. Warrants for interception.
3. Scope of warrants.
4. Issue and duration of warrants.
5. Modification of warrants etc.
6. Safeguards.
7. The Tribunal.
8. The Commissioner.
9. Exclusion of evidence.
10. Interpretation.
11. Amendments, saving and repeal.
12. Short title, commencement and extent. SCHEDULES:
Schedule I-The Tribunal.
Schedule 2-Section substituted for section 45 of 1984
Act.
Interception of
Communications Act 1985
1985 CHAPTER 56
An Act to make new provision for and in connection with the
interception of communications sent by post or by means of
public telecommunication systems and to amend section 45 of the
Telecommunications Act 1984. [25th July 1985]
BE IT ENACTED by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:-
[Prohibition on interception]
1.-(1) Subject to the following provisions of this
section, a person who intentionally intercepts a communication
in the course of its transmission by post or by means of a
public telecommunication system shall be guilty of an offence
and liable-
(a) on summary conviction, to a fine not exceeding the
statutory maximum;
(b) on conviction on indictment, to imprisonment for a term
not exceeding two years or to a fine or to both.
(2) A person shall not be guilty of an offence under this
section if-
(a) the communication is intercepted in obedience to a warrant
issued by the Secretary of State under section 2 below; or
[c. 56 Interception of Communications Act 1985]
(b) that person has reasonable grounds for believing that the
person to whom, or the person by whom, the communication
is sent has consented to the interception.
(3) A person shall not be guilty of an offence under this
section if-
(a) the communication is intercepted for purposes connected
with the provision of postal or public telecommunication
services or with the enforcement of any enactment relating
to the use of those services ; or
(b) the communication is being transmitted by wireless tele-
graphy and is intercepted, with the authority of the
Secretary of State, for purposes connected with the issue
of licences under the Wireless Telegraphy Act 1949 or the
prevention or detection of interference with wireless
telegraphy.
(4) No proceedings in respect of an offence under this
section shall be instituted-
(a) in England and Wales, except by or with the consent of the
Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the
Director of Public Prosecutions for Northern Ireland.
[Warrants for interception]
2.-(1) Subject to the provisions of this section and
section 3 below, the Secretary of State may issue a warrant
requiring the person to whom it is addressed to intercept, in
the course of their transmission by post or by means of a
public telecommunication system, such communications as are
described in the warrant; and such a warrant may also require
the person to whom it is addressed to disclose the intercepted
material to such persons and in such manner as are described in
the warrant.
(2) The Secretary of State shall not issue a warrant
under this section unless he considers that the warrant is
necessary-
(a) in the interests of national security ;
(b) for the purpose of preventing or detecti