- Affected party
has the meaning given by section 194(14).
- category authorisation
has the meaning given by section 226BA(1);
- coroner
means a coroner appointed under section 2 of the 1959 Act;
- criminal conduct
means conduct which constitutes an offence under the law of any part of the United Kingdom,”
- criminal investigation
means an investigation of any criminal conduct, including— a an investigation of alleged or suspected criminal conduct, and b an investigation of whether criminal conduct has taken place. 2D For the purposes of subsection (2B), the exercise of a general information power which is a regulatory or supervisory power is treated as not being in the course of a criminal investigation if at the time of the exercise of the power the investigation is not being conducted with a view to seeking a criminal prosecution.”
- Deputy Investigatory Powers Commissioner
means a person appointed under section 227(6A) (and the expression is also to be read in accordance with section 227(13)(b)),”
- emergency services
means— (a) police, fire, rescue and ambulance services, and (b) His Majesty’s Coastguard;
- health record
means a record, or a copy of a record which— (a) consists of information relating to the physical or mental health or condition of an individual, (b) was made by or on behalf of a health professional in connection with the care of that individual, and (c) was obtained, by the person (mentioned in section 226E(1)(a)) who holds the dataset, from a health professional or a health service body or from a person acting on behalf of a health professional or a health service body in relation to the record or the copy;
- individual authorisation
has the meaning given by section 226B(1). 2 See also— • section 199 (bulk personal datasets: interpretation), • section 263 (general definitions), • section 265 (index of defined expressions). 3 For the purposes of this Part, only a person holding office under the Crown may act on behalf of the head of an intelligence service.”
- intercepted material
means— a any content of an intercepted communication (within the meaning of section 56), or b any secondary data obtained from a communication. 5 In this paragraph— • “the 1959 Act” has the meaning given by sub-paragraph (1);
- Judicial Commissioner functions
means the functions conferred on Judicial Commissioners by any enactment (including this Act).”
- local authority
has the same meaning as in Part 3 (see section 86).”
- personal data
has the same meaning as in Part 7 (see section 199(2));
- personal data breach
has the same meaning as in the 2003 Regulations (see regulation 2(1) of those Regulations);
- protected data
has the same meaning as in Part 7 (see section 203);
- publish
means make available to the public or a section of the public (whether or not on a commercial basis).”
- qualified person
means a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland);
- regulatory or supervisory power
means any power (however expressed) to obtain information or documents which— (a) is conferred by or under an enactment other than this Act or the Regulation of Investigatory Powers Act 2000, and (b) is exercisable in connection with— (a) the regulation of persons or activities, (b) the checking or monitoring of compliance with requirements, prohibitions or standards imposed by or under an enactment, or (c) the enforcement of any requirement or prohibition imposed by or under an enactment,”
- relevant authorisation
has the meaning given by section 253;
- relevant change
means a change— a to a service or system within subsection (3), and b that is specified in regulations made by the Secretary of State as a change that may be included in a notice given under this section. 3 The following are within this subsection— a telecommunications services offered or provided by the operator;
- relevant code of practice
means a code of practice under— a Schedule 7, b the Police Act 1997, c the Regulation of Investigatory Powers Act 2000, or d the Regulation of Investigatory Powers (Scotland) Act 2000.”
- relevant Commissioner
means— a the Investigatory Powers Commissioner or any other Judicial Commissioner, b the Investigatory Powers Commissioner for Northern Ireland, or c the Information Commissioner.”
- relevant coroner
means a coroner who is a judge of the High Court or of a county court in Northern Ireland. 26 1 Nothing in section 56(1) prohibits— a a disclosure to a relevant person conducting an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc.
- relevant notice
means a notice given under section 258A;
- relevant operator
means— a a postal operator, b a telecommunications operator, or c a person who is proposing to become a postal operator or a telecommunications operator, who meets the condition in subsection (12). 12 The condition in this subsection is that the operator or person provides (or has provided) assistance in relation to any warrant, authorisation or notice issued or given under this Act. 258B 1 In this section— • “relevant notice” means a notice given under section 258A;
- relevant period
means the period ending with the third working day after the day on which the warrant was issued. 4 Subsections (5) and (6) apply if a Judicial Commissioner refuses to approve the decision to issue a third party BPD warrant. 5 The warrant— a ceases to have effect (unless already cancelled), and b may not be renewed, and section 226GA(4) does not apply in relation to the refusal to approve the decision. 6 The head of the intelligence service to whom the warrant was addressed must, so far as is reasonably practicable, secure that anything in the process of being done in reliance on the warrant stops as soon as possible. 7 Nothing in subsection (5) or (6) affects the lawfulness of— a anything done in reliance on the warrant before it ceases to have effect;
- relevant person
means— a a sheriff principal, b a temporary sheriff principal, or c a sheriff or part-time sheriff (but not a summary sheriff or part-time summary sheriff) designated as a specialist under section 37(1) or (3) of IFASDA 2016. 6 In this paragraph “qualified person” means an advocate or solicitor;
- relevant personal data breach
means a personal data breach that the individual is informed of under section 235A(5) of the Investigatory Powers Act 2016 (serious personal data breaches).”
- relevant restriction
means any of the following— (a) section 57(1) (duty not to make unauthorised disclosures) (including as applied by section 156);
- relevant roaming service
means a telecommunications service provided by the system operator under an agreement with a telecommunications operator outside the United Kingdom (the “non-UK operator”) which facilitates the use by persons in the United Kingdom of the system operator’s telecommunication system to access one or more telecommunications services of the non-UK operator.”
- relevant subscriber data
means entity data, other than data comprised in a recording of speech, which— a constitutes any or all of the content of a communication made for the purpose of initiating or maintaining an entity’s access to a telecommunications service, and b is about an entity to which that telecommunications service is (or is to be) provided.”
- renewal period
means— a in the case of an urgent third party BPD warrant which has not been renewed, the relevant period;
- senior official
means a member of the Senior Civil Service or a member of the Senior Management Structure of His Majesty’s Diplomatic Service;
- sensitive personal data
has the meaning given by section 202(4). 8 In subsection (7), “health professional” and “health service body” have the meaning given by section 206(7). 9 An application for a third party BPD warrant may only be made on behalf of the head of an intelligence service by a person holding office under the Crown. 226GA 1 In deciding whether to approve a decision to issue a third party BPD warrant, a Judicial Commissioner must review the Secretary of State’s conclusions as to the following matters— a whether the warrant is necessary on grounds falling within section 226G(4)(a), and b whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct. 2 In doing so, the Judicial Commissioner must— a apply the same principles as would be applied by a court on an application for judicial review, and b consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy). 3 Where a Judicial Commissioner refuses to approve a decision to issue a third party BPD warrant,
- specified
means specified in the application for the authorisation.”
- specified public authority
means a public authority which is— a listed in Schedule 2A, or b listed in column 1 of the table in Schedule 4. 5B The Secretary of State or the Treasury may by regulations modify Schedule 2A by— a adding a public authority to, or b removing a public authority from, the list in that Schedule.”
- the 1959 Act
has the meaning given by sub-paragraph (1);
- the relevant period
means— a such period as may be provided for by regulations made by the Secretary of State, or b if that period is extended by the Secretary of State in accordance with the regulations (see subsection (15)), such extended period.”
- the review period
means— a such period as may be provided for by regulations made by the Secretary of State, or b if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.”
- third party BPD warrant
has the meaning given by section 226F. 3 See also— • section 263 (general definitions), • section 265 (index of defined expressions).”
- warrant
has the same meaning as in section 213(2)(b) of that Act.