Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
15
Power to issue warrants
18
Persons who may apply for issue of a warrant
(1)
Each of the following is an “intercepting authority” for the purposes of this
Part—
(a) a person who is the head of an intelligence service;
(b) the Director General of the National Crime Agency;
(c) the Commissioner of Police of the Metropolis;
(d) the Chief Constable of the Police Service of Northern Ireland;
(e) the chief constable of the Police Service of Scotland;
(f) the Commissioners for Her Majesty’s Revenue and Customs;
(g) the Chief of Defence Intelligence;
(h) a person who is the competent authority of a country or territory
outside the United Kingdom for the purposes of an EU mutual
assistance instrument or an international mutual assistance agreement.
(2)
For the meaning of “head of an intelligence service”, see section 263.
(3)
An application for the issue of a warrant under this Chapter may only be made
on behalf of an intercepting authority by a person holding office under the
Crown.
19
Power of Secretary of State to issue warrants
(1)
The Secretary of State may, on an application made by or on behalf of an
intercepting authority mentioned in section 18(1)(a) to (g), issue a targeted
interception warrant if—
(a) the Secretary of State considers that the warrant is necessary on
grounds falling within section 20,
(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(c) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 53 and 54 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and
(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
This is subject to subsection (4).
(2)
The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—
(a) the Secretary of State considers that the warrant is necessary on
grounds falling within section 20,
(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(c) the Secretary of State considers that the warrant is or may be necessary
to authorise the selection of relevant content for examination in breach
of the prohibition in section 152(4) (prohibition on seeking to identify
communications of individuals in the British Islands), and