28.— (1) In this section, “authorised undertaking” has the meaning given to it by the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), as amended by the European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (S.I. No. 372 of 2007).

(2) Where—

(a) a person is present in the State,

(b) an authorisation has been given under section 2 of the Act of 1993 for the interception of telecommunications messages to or from the person,

(c) the messages cannot be directly intercepted in the State, but

(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions can facilitate interception of the messages by accessing interception equipment in a member state,

the authorised undertaking shall facilitate the interception of the messages by accessing that equipment.

(3) Where—

(a) a person is present in a member state,

(b) a lawful order or warrant for the interception of telecommunications messages to or from the person has been made or issued in the member state for the purposes of a criminal investigation and is in force,

(c) the messages cannot be directly intercepted in the member state, but

(d) an authorised undertaking which has received directions under section 110 of the Act of 1983 in relation to interceptions—

(i) can directly intercept the messages, and

(ii) has interception equipment enabling a provider of telecommunications services in the member state to intercept them,

the authorised undertaking shall facilitate the interception of the messages by the provider.