authorised by a warrant issued by the Secretary of
State under this section.
(2) The Secretary of State may, on an application
made by . . . GCHQ, issue a warrant under this
section authorising the taking, subject to
subsection (3) below, of such action as is specified
in the warrant in respect of any property so
specified or in respect of wireless telegraphy so
specified if the Secretary of State (a)
thinks it necessary for the action to be
taken for the purpose of assisting . . .
(iii) GCHQ in carrying out any function
which falls within section 3(1)(a) above;
and
(b)
is satisfied that the taking of the action is
proportionate to what the action seeks to
achieve;
(c)
is satisfied that satisfactory arrangements
are in force under section 2(2)(a) of the
[Security Service Act 1989 (“the 1989
Act”)] (duties of the Director-General of
the Security Service), section 2(2)(a)
above or section 4(2)(a) above with
respect to the disclosure of information
obtained by virtue of this section and that
any information obtained under the
warrant will be subject to those
arrangements.
(2A) The matters to be taken into account in
considering whether the requirements of
subsection (2)(a) and (b) are satisfied in the case
of any warrant shall include whether what it is
thought necessary to achieve by the conduct
authorised by the warrant could reasonably be
achieved by other means.
(3) A warrant issued on the application of the
Intelligence Service or GCHQ for the purposes of
the exercise of their functions by virtue of section .
. . 3(2)(c) above may not relate to property in the
British Islands.
(3A) A warrant issued on the application of the
Security Service for the purposes of the exercise of
their function under section 1(4) of the Security