(1) For the purposes of this Part, "interception and monitoring services" means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.

(2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if -

(a) the person does a relevant act in relation to the system, and

(b) the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.

(3) In paragraph (2) a "relevant act", in relation to a telecommunication system, means -

(a) modifying, or interfering with, the system or its operation;

(b) monitoring transmissions made by means of the system;