Part 2: Lawful interception of communications Chapter 3: Other provisions about interception Schedule 3: Exceptions to section 56
Schedule 3 sets out the exceptions to section 56(1), which prohibits the disclosure of interception for the purposes of or in connection with legal proceedings. The schedule sets out the circumstances in which this prohibition does not apply.
	Paragraph 2 provides that the contents of a communication and secondary data may be disclosed if the communication is obtained under certain statutory powers exercised to obtain information, documents or property or a court order allowing the same. Material may be disclosed if obtained under an equipment interference warrants (whether targeted or bulk) or through any of the other forms of lawful interception in sections 44 to 52 (interception in prisons, for example).
	Paragraph 3 provides that there is no prohibition on doing anything which discloses conduct for which a person has been convicted of certain offences. So, for example, it will be possible to disclose that someone has been convicted of the offence of unlawful interception (see section 3(1)).
	Paragraphs 4 and 5 provide that section 56(1) does not apply in relation to proceedings before the Investigatory Powers Tribunal or the Special Immigration Appeals Commission. In proceedings before the Special Immigration Appeals Commission, disclosure is not permitted to the appellant or applicant or their representatives, but may be made to special advocates appointed for the purpose of those proceedings.
	Paragraph 6 provides that section 56(1) does not apply in relation to proceedings before the Proscribed Organisations Appeal Commission, providing there is no disclosure to certain persons or bodies, including the applicant and the organisation concerned. Disclosure is not permitted to their representatives but can be made to a special advocate appointed for the purpose of the proceedings.
	Paragraph 7 provides that section 56(1) does not apply to closed material proceedings (i.e. section 6 proceedings as defined by section 14(1) of the Justice and Security Act 2013). However, this does not allow disclosure to anyone who is or was party to the proceedings, or any representative of theirs who is not a special advocate, other than the Secretary of State or the person making the disclosure of sensitive material that made the use of closed material proceedings necessary.
	Paragraphs 8 and 9 provide that section 56(1) does not apply to TPIM proceedings or TEO proceedings (i.e. proceedings relating to terrorism prevention and investigation measures or temporary exclusion orders). However, this does not allow disclosure to any person involved or party to the proceedings, or any representative of theirs who is not a special advocate, other than the Secretary of State.
	Paragraphs 10 to 12 provide that section 56(1) does not apply in proceedings relating to financial restrictions or the freezing of terrorist assets providing that there is no disclosure to any person who is party to the proceedings, or any representative of theirs who is not a special advocate, other than the Treasury.
	Paragraph 13 provides that section 56(1) does not apply in proceedings relating to the release of prisoners in Northern Ireland (proceedings before the Parole Commissioners for Northern Ireland or any Sentencing Review Commissioners) providing there is no disclosure to any person who is party to the proceedings, or their representatives who are not special advocates, other than the Secretary of State.
	Paragraphs 14 and 15 provide that section 56(1) does not apply in relation to certain employment or industrial tribunal proceedings where the applicant or their representatives are excluded for all of part of the proceedings, providing there is no disclosure to the applicant in the proceedings or their representatives who are not special advocates.
	Paragraph 16 provides that section 56(1) does not prevent anything done in connection with legal proceedings relating to the fairness of dismissal for offences under the Act, or offences under RIPA or the Interception of Communications Act 1985.
	Paragraphs 17 and 18 provide that section 56(1) does not apply in relation to appeal proceedings relating to claims of discrimination in Northern Ireland where the party to the appeal or their representatives are excluded from all or part of the proceedings, providing there is no disclosure to any person who is party to the proceedings or their representatives who are not special advocates.
	Paragraph (19) provides that section 56(1) does not apply in relation to civil enforcement proceedings where a relevant service provider has failed to comply with the duty to assist with the implementation of a warrant.
	Paragraph 20 lists the offences in relation to which section 56(1) does not apply. These include proceedings for offences under the Act, and related offences.
	Paragraph 21 provides that disclosure can be permitted during criminal proceedings to prosecutors so that the prosecutor can determine what the prosecutor needs to do to ensure that the prosecution is fair.
	The paragraph also allows disclosure to a judge where the judge considers there are exceptional circumstances making the disclosure essential in the interests of justice. Sub-paragraph (3) allows a judges to direct the prosecution to make relevant admissions if, as a consequence of the disclosure, the judge believes this is essential in the interests of justice. However, sub-paragraph (3) does not allow a disclosure that contravenes section 56(1).
	Paragraphs 22 to 24 deal with disclosures to inquiries and inquests. Paragraph 22 provides that disclosure can be made to a panel of an inquiry held under the Inquiries Act 2005 or to someone appointed as a legal adviser to such an inquiry. This includes Counsel to an inquiry or the Solicitor to an inquiry. Paragraph 23 provides that disclosure can be made during restricted proceedings of an inquiry held under the Inquiries Act 2005, and sets out who may be present at such proceedings. Paragraph 24 provides that disclosure can be made to a judge or retired judge nominated to conduct an inquest into a death. Disclosure is also permitted to the legal adviser to such an inquest. In both cases the legal adviser appointed will need to hold suitable security clearance. Subsection (3) allows the fact that intercept material exists in a specific case to be disclosed to the coroner, and to the legal adviser to the inquest, for the purpose of considering whether the material is relevant and, if so, whether it should be disclosed to the person leading the inquest. In such circumstances, the disclosure could only be to a nominated person (i.e. a judge). No disclosure may be made to any other party in connection with these proceedings.