105.Subsection (2). Where an intercepting agency requires another person to assist it in implementing an interception, it is likely that the person providing assistance will wish to be satisfied that there is an interception warrant in existence. This subsection provides for this, allowing the intercepting agency to provide either a copy of the warrant or to make arrangements whereby a copy is provided.
106.Subsection (3). Where a copy of a warrant is served upon a person providing assistance in accordance with subsection (2), this subsection allows the intercepting agency to restrict the disclosure of the warrant to just that material which the person providing assistance needs to see in order to satisfy themselves that their actions are authorised. Most commonly this may involve a communications service provider only being shown the front of the warrant (showing the name of the person to be intercepted) and the specific schedule which identifies the communications which they are being asked to provide assistance in intercepting.
107.Subsection (4) states that where a person providing a communications service is required to give assistance in accordance with an interception warrant, they must do everything required of them by the person to whom the warrant is addressed in order to give effect to the warrant. As to what the warrant authorises or requires, see Section 5.
108.Subsection (5) ensures that no unreasonable demands are made of service providers.
109.Subsection (6) explains that that where a service provider has had an obligation to provide an intercept capability imposed upon them under Section 12, it is reasonable to expect them to be able to provide assistance with an intercept up to the level of the imposed capability.
110.Subsection (7) creates a criminal offence of knowingly failing to comply with a requirement to provide the required assistance in implementing an interception warrant. It goes on to specify the maximum penalties which a person who is found guilty of this offence may be sentenced to. On the statutory maximum, see the note for Section 1(7).
111.Subsection (8) also allows the Secretary of State to take civil proceedings against a person who fails to provide the required assistance under subsection (4) in order to compel him to provide such assistance by means of, inter alia, an injunction or other appropriate relief.
112.Subsection (9) explains that the term "provision of assistance" includes the actual disclosure of the intercepted material and related communications data to the person to whom the warrant is addressed (or his representative).
Commentary on Sections For “provide assistance”, see subsection (9).