Section 133 Section 132: meaning of “excepted disclosure”I1

United Kingdom

(1)

For the purposes of section 132, a disclosure made in relation to a warrant is an excepted disclosure if it falls within any of the Heads set out in—

(a)

subsection (2) (disclosures authorised by warrant etc.);

(b)

subsection (3) (oversight bodies);

(c)

subsection (4) (legal proceedings);

(d)

subsection (6) (disclosures of a general nature).

(2)

Head 1 is—

(a)

a disclosure authorised by the warrant;

(b)

a disclosure authorised by the person to whom the warrant is or was addressed or under any arrangements made by that person for the purposes of this section;

(c)

a disclosure authorised by the terms of any requirement to provide assistance in giving effect to the warrant (including any requirement for disclosure imposed by virtue of section 126(4)).

(3)

Head 2 is—

(a)

a disclosure made to, or authorised by, a Judicial Commissioner;

(b)

a disclosure made to F1the Director General of the Independent Office for Police Conduct for the purposes of facilitating the carrying out of any of F2the Director General’s functions;

F3(ba)

a disclosure made to the Service Police Complaints Commissioner for the purposes of facilitating the carrying out of any of the Commissioner’s functions;

(c)

a disclosure made to the Intelligence and Security Committee of Parliament for the purposes of facilitating the carrying out of any of its functions.

(4)

Head 3 is—

(a)

a disclosure made—

(i)

in contemplation of, or in connection with, any legal proceedings, and

(ii)

for the purposes of those proceedings;

(b)

a disclosure made—

(i)

by a professional legal adviser (“L”) to L's client or a representative of L's client, or

(ii)

by L's client, or by a representative of L's client, to L,

in connection with the giving, by L to L's client, of advice about the effect of the provisions of this Part.

(5)

But a disclosure within Head 3 is not an excepted disclosure if it is made with the intention of furthering a criminal purpose.

(6)

Head 4 is—

(a)

a disclosure which—

(i)

is made by a telecommunications operator in accordance with a requirement imposed by regulations made by the Secretary of State, and

(ii)

consists of statistical information of a description specified in the regulations;

(b)

a disclosure of information that does not relate to any particular warrant under this Part but relates to such warrants in general.

Annotations

Textual amendments

F1: Words in s. 133(3)(b) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 74(5)(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F2: Words in s. 133(3)(b) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 74(5)(a); S.I. 2017/1249, reg. 2 (with reg. 3)
F3: S. 133(3)(ba) inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 2(5); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

Commencement

I1: S. 133 in force at 27.6.2018 by S.I. 2018/652, reg. 9(s)