# Investigatory Powers Act 2016, Section 133: Section 132: meaning of “excepted disclosure”

Extent: E+W+S+N.I.

(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 the Director General of the Independent Office for Police Conduct for the purposes of facilitating the carrying out of any of the Director General’s functions;
(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.

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Source: https://www.legislation.gov.uk/ukpga/2016/25/section/133 (the official version)
Page: https://openlegislation.uk/investigatory-powers-act-2016/section-133
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.