Paragraph 1
United Kingdom
In any proceedings against a person in respect of an offence under section 45 of the M1Telegraph Act 1863 F1 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the M2Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done F2under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act..
Subsection (2) of section 58 of the Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.
Annotations
Textual amendments
- F1
Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
- F2
Words in Sch. 5 para. 1(1) substituted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 2; S.I. 2000/2543, art. 3
Marginal citations
- M1
- M2
Notes on the whole Act
Textual amendments
- F1
Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)
Notes on Schedule 5
Textual amendments
- F1
Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))