Criminal Justice (Mutual Assistance) Act 2008
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Miscellaneous | ||
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Indirect interception of telecommunications messages. |
28.— (1) In this section, “authorised undertaking” has the meaning given to it by the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 ( S.I. No. 306 of 2003 ), as amended by the European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 ( S.I. No. 372 of 2007 ). | |
(2) Where— | ||
(a) a person is present in the State, | ||
(b) an authorisation has been given under section 2 of the Act of 1993 for the interception of telecommunications messages to or from the person, | ||
(c) the messages cannot be directly intercepted in the State, but | ||
(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions can facilitate interception of the messages by accessing interception equipment in a member state, | ||
the authorised undertaking shall facilitate the interception of the messages by accessing that equipment. | ||
(3) Where— | ||
(a) a person is present in a member state, | ||
(b) a lawful order or warrant for the interception of telecommunications messages to or from the person has been made or issued in the member state for the purposes of a criminal investigation and is in force, | ||
(c) the messages cannot be directly intercepted in the member state, but | ||
(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions— | ||
(i) can directly intercept the messages, and | ||
(ii) has interception equipment enabling a provider of telecommunications services in the member state to intercept them, | ||
the authorised undertaking shall facilitate the interception of the messages by the provider. |