c. 13
4
Intelligence Services Act 1994
(2) The Secretary of State may, on an application made by the Security
Service, the Intelligence Service or 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 on the ground that
it is likely to be of substantial value in assisting, as the case may
be,—
(i) the Security Service in carrying out any of its functions
under the 1989 Act; or
(ii) the Intelligence Service in carrying out any of its
functions under section 1 above; or
(iii) GCHQ in carrying out any function which falls within
section 3(1)(a) above; and
(b) is satisfied that what the action seeks to achieve cannot
reasonably be achieved by other means; and
(c) is satisfied that satisfactory arrangements are in force under
section 2(2)(a) of 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 infonnation obtained by
virtue of this section and that any information obtained under
the warrant will be subject to those arrangements.
(3) A warrant authorising the taking of action in support of the
prevention or detection of serious crime may not relate to property in the
British Islands.
(4) Subject to subsection (5) below, the Security Service may make an
application under subsection (2) above for a warrant to be issued
authorising that Service (or a person acting on its behalf) to take such
action as is specified in the warrant on behalf of the Intelligence Service or
GCHQ and, where such a warrant is issued, the functions of the Security
Service shall include the carrying out of the action so specified, whether
or not it would otherwise be within its functions.
(5) The Security Service may not make an application for a warrant by
virtue of subsection (4) above except where the action proposed to be
authorised by the warrant—
(a) is action in respect of which the Intelligence Service or, as the
case may be, GCHQ could make such an application; and
(b) is to be taken otherwise than in support of the prevention or
detection of serious crime.
Warrants:
and
6.—(1) A warrant shall not be issued except—
(a) under the hand of the Secretary of State; or
(b) in an urgent case where the Secretary of State has expressly
authorised its issue and a statement of that fact is endorsed on
it, under the hand of a senior official of his department.
(2) A warrant shall, unless renewed under subsection (3) below, cease
to have effect—
(a) if the warrant was under the hand of the Secretary of State, at the
end of the period of six months beginning with the day on which
it was issued; and