ch0700c02A
25-05-00 21:43:21
ACT STAGE
Unit:OF
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THE ACT, DATE OF CREATION ON MILES
Electronic Communications Act 2000
c. 7
9
Part II
which the use of electronic communications or electronic
storage is so authorised, for corresponding liabilities to arise in
corresponding circumstances where use is made of such
communications or storage;
(j) provision requiring persons to prepare and keep records in
connection with any use of electronic communications or
electronic storage which is so authorised;
(k) provision requiring the production of the contents of any
records kept in accordance with an order under this section;
(l) provision for a requirement imposed by virtue of paragraph (j) or
(k) to be enforceable at the suit or instance of such person as
may be specified in or determined in accordance with the order;
(m) any such provision, in relation to electronic communications or
electronic storage the use of which is authorised otherwise than
by an order under this section, as corresponds to any provision
falling within any of the preceding paragraphs that may be
made where it is such an order that authorises the use of the
communications or storage.
(5) The matters referred to in subsection (4)(g) are—
(a) whether a thing has been done using an electronic
communication or electronic storage;
(b) the time at which, or date on which, a thing done using any such
communication or storage was done;
(c) the place where a thing done using such communication or
storage was done;
(d) the person by whom such a thing was done; and
(e) the contents, authenticity or integrity of any electronic data.
(6) An order under this section—
(a) shall not (subject to paragraph (b)) require the use of electronic
communications or electronic storage for any purpose; but
(b) may make provision that a period of notice specified in the order
must expire before effect is given to a variation or withdrawal of
an election or other decision which—
(i) has been made for the purposes of such an order; and
(ii) is an election or decision to make use of electronic
communications or electronic storage.
(7) The matters in relation to which provision may be made by an
order under this section do not include any matter under the care and
management of the Commissioners of Inland Revenue or any matter
under the care and management of the Commissioners of Customs and
Excise.
(8) In this section references to doing anything under the provisions of
any enactment include references to doing it under the provisions of any
subordinate legislation the power to make which is conferred by that
enactment.
9.—(1) In this Part “the appropriate Minister” means (subject to Section 8 orders.
subsections (2) and (7) and section 10(1))—