The Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025
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Change 1
3 Relevant change
(1) Subject to paragraph (4), a “relevant change” for the purposes of section 258A(2)(b) of the Act means a change (to a service or system within section 258A(3) of the Act) that, if implemented, would have a material effect on the capability of the relevant operator to provide any assistance which the relevant operator may be required to provide in relation to any warrant, authorisation or notice issued or given under the Act. (2) A relevant change (where it has such an effect) includes— (a) a change to a data retention period by the relevant operator; (b) a change in the relevant operator’s ability to lawfully provide communications data; (c) a change in the relevant operator’s ability to lawfully provide the content of communications; (d) the decommissioning of a service or system. (3) The matters which are relevant as to whether a change would have the effect referred to in paragraph (1) include— (a) the current or expected number of warrants, authorisations or requests issued to the relevant operator; (b) the operational importance of the data provided under sub-paragraph (a); (c) the types of service the relevant operator provides; (d) the customer base of the relevant operator; (e) the market share of the relevant operator. (4) A change is not a relevant change if it— (a) is made by a relevant operator who does not provide, and does not intend to provide, a telecommunications or postal service to more than 10,000 persons, or (b) fixes a defect in installed software and leaves the intended functionality of the software unchanged.
3 Relevant change
(1) Subject to paragraph (4), a “relevant change” for the purposes of section 258A(2)(b) of the Act means a change (to a service or system within section 258A(3) of the Act) that, if implemented, would have a material effect on the capability of the relevant operator to provide any assistance which the relevant operator may be required to provide in relation to any warrant, authorisation or notice issued or given under the Act. (2) A relevant change (where it has such an effect) includes— (a) a change to a data retention period by the relevant operator; (b) a change in the relevant operator’s ability to lawfully provide communications data; (c) a change in the relevant operator’s ability to lawfully provide the content of communications; (d) the decommissioning of a service or system. (3) The matters which are relevant as to whether a change would have the effect referred to in paragraph (1) include— (a) the current or expected number of warrants, authorisations or requests issued to the relevant operator; (b) the operational importance of the data provided under sub-paragraph (a); (c) the types of service the relevant operator provides; (d) the customer base of the relevant operator; (e) the market share of the relevant operator. (4) A change is not a relevant change if it— (a) is made by a relevant operator who does not provide, and does not intend to provide, a telecommunications or postal service to more than 10,000 persons, or (b) fixes a defect in installed software and leaves the intended functionality of the software unchanged.
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