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The Retention of Communications Data (Code of Practice) Order 2003

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Statutory Instruments

2003 No. 3175

INVESTIGATORY POWERS

The Retention of Communications Data (Code of Practice) Order 2003

Made

4th December 2003

Coming into force

5th December 2003

Whereas—

(1) in pursuance of section 102(1) of the Anti-terrorism, Crime and Security Act 2001(1) (“the 2001 Act”) the Secretary of State is under a duty to issue a code of practice containing provisions relating to the retention by communications providers of communications data obtained by or held by them;

(2) in pursuance of section 103(2) of the 2001 Act the Secretary of State has consulted with the Information Commissioner and the communications providers to whom the code will apply;

(3) in pursuance of section 103(1) of the 2001 Act the Secretary of State has prepared and published the code in the form of a draft and has considered representations made to him about the draft and modified the draft accordingly;

(4) in pursuance of section 103(4) of the 2001 Act the Secretary of State has laid that draft code before both Houses of Parliament; and

(5) a draft of this Order has been laid before Parliament and approved by a resolution of each House:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 103(5) of the 2001 Act, hereby makes the following Order:

Citation and commencement

1.  The Order may be cited as the Retention of Communications Data (Code of Practice) Order 2003 and shall come into force on the day after the day on which it is made.

Retention of Communications Data Code of Practice

2.  The draft code of practice entitled “Voluntary Retention of Communications Data under Part 11: Anti-terrorism, Crime and Security Act 2001—Voluntary Code of Practice”, laid before each House of Parliament on 11th September 2003, relating to the retention by communications providers of communications data obtained by or held by them, shall come into force on the day after the day on which this Order is made.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

4th December 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force the code of practice prepared under section 103 of the Anti-terrorism, Crime and Security Act 2001, and to be issued under section 102 of that Act, relating to the retention by communications providers of communications data obtained by or held by them. The code shall be admissible in evidence in any legal proceedings in which the question arises whether or not the retention of any communications data is justified on the grounds that a failure to retain the data, would be likely to prejudice national security, the prevention or detection of crime or the prosecution of offenders.

The code of practice will be published by the Stationery Office Limited and copies may be obtained from the Stationery Office Bookshops. It will also be published on the Home Office website at www.homeoffice.gov.uk/terrorism/reports/index.html

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