OpenLegislation

Section 10 Restriction on requesting assistance under mutual assistance agreements etc.

United Kingdom

I1I2(1)

This section applies to—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a request for assistance in accordance with an international mutual assistance agreement

F2so far as the assistance is in connection with, or in the form of, the interception of communications.

(2)

A request to which this section applies may not be made by or on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom unless a mutual assistance warrant has been issued under Chapter 1 of Part 2 authorising the making of the request.

F3(2A)

Subsection (2) does not apply in the case of a request for assistance in connection with, or in the form of, interception of a communication stored in or by a telecommunication system if the request is made—

(a)

in the exercise of a statutory power that is exercised for the purpose of obtaining information or taking possession of any document or other property, or

(b)

in accordance with a court order that is made for that purpose.

I3I4(3)

In this section—

  • F4...

  • “international mutual assistance agreement” means an international agreement which—

    1. (a)

      relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

    2. (b)

      requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

    3. (c)

      is designated as an international mutual assistance agreement by regulations made by the Secretary of State.

Annotations

Textual amendments

F1

S. 10(1)(a) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 82(2)(a) (with reg. 83); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in s. 10(1) inserted (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 9(1)(a) (with reg. 3)

F3

S. 10(2A) inserted (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 9(1)(b) (with reg. 3)

F4

Words in s. 10(3) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 82(2)(b) (with reg. 83); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

S. 10(1)(2) in force at 27.6.2018 for specified purposes by S.I. 2018/652, reg. 7(f)(i)

I2

S. 10(1)(2) in force at 26.9.2018 in so far as not already in force by S.I. 2018/940, reg. 3(b)

I3

S. 10(3) in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 2(e)

I4

S. 10(3) in force at 27.6.2018 in so far as not already in force by S.I. 2018/652, reg. 7(f)(i)