Part 9: Miscellaneous and general provisions Chapter 1: Miscellaneous Section 253: Maintenance of technical capability
This section allows the Secretary of State to give an operator a notice which imposes obligations on the operator. A technical capability notice may only be given where the conduct required by the notice is necessary and proportionate, and where the decision to give the notice has been approved by a Judicial Commissioner. A notice may be given to a postal operator, a telecommunications operator or a person proposing to become either.
	Subsection (4) provides for the Secretary of State to make regulations specifying the obligations that may be imposed upon relevant operators under a notice. The Secretary of State may specify an obligation only if he or she believes the obligations are a reasonable way of ensuring that operators are able to comply with any warrant under Part 2, 5 or 6, or any authorisation or notice given under Part 3.
	Subsection (5) gives examples of the sorts of obligations that may be included in the regulations. The regulations could include, for example, obligations to provide communications facilities to support the implementation of warrants, ensuring the security of facilities, or ensuring that staff who handle classified material are appropriately vetted.
	Subsection (6) requires the Secretary of State to consult a number of people before making the regulations provided for at subsection (3). These include persons with statutory functions affecting providers of communications services, such as the IPC.
	Subsection (8) confirms that a technical capability notice can be given to persons outside the United Kingdom. A notice may relate to conduct outside of the United Kingdom.