70(1)Section 94 of that Act (directions in the interests of national security) shall be amended as follows.U.K.
(2)In subsection (1), for “requisite or expedient” there shall be substituted “ necessary ”.
(3)In subsection (2), for “requisite or expedient” there shall be substituted “ necessary ”.
(4)After subsection (2), there shall be inserted—
“(2A)The Secretary of State shall not give a direction under subsection (1) or (2) unless he believes that the conduct required by the direction is proportionate to what is sought to be achieved by that conduct.”
(5)In subsection (3), for “this Act” there shall be substituted “ Part 1 or Chapter 1 of Part 2 of the Communications Act 2003 and, in the case of a direction to a provider of a public electronic communications network, notwithstanding that it relates to him in a capacity other than as the provider of such a network ”.
(6)In subsection (6), for “public telecommunications operators” there shall be substituted “ providers of public electronic communications networks ”.
(7)In subsection (8), for the words from “the Director” onwards there shall be substituted “ OFCOM and to providers of public electronic communications networks. ”
Commencement Information
I1Sch. 17 para. 70 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2Sch. 17 para. 70 in force at 18.9.2003 in so far as not already in force by S.I. 2003/1900, art. 2(2), Sch. 2