16
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(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).
(3)
The Secretary of State may, on an application made by or on behalf of an
intercepting authority, issue a mutual assistance 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).
(4)
The Secretary of State may not issue a warrant under this section if—
(a) the application is a relevant Scottish application (see section 22), and
(b) in the case of an application for a targeted interception warrant or a
targeted examination warrant, the Secretary of State considers that the
warrant is necessary only for the purpose of preventing or detecting
serious crime.
For the power of the Scottish Ministers to issue warrants under this Chapter,
see section 21.
(5)
But subsection (4) does not prevent the Secretary of State from doing anything
under this section for the purposes specified in section 2(2) of the European
Communities Act 1972.
20
Grounds on which warrants may be issued by Secretary of State
(1)
This section has effect for the purposes of this Part.
(2)
A targeted interception warrant or targeted examination warrant is necessary
on grounds falling within this section if it is necessary—
(a) in the interests of national security,
(b) for the purpose of preventing or detecting serious crime, or
(c) in the interests of the economic well-being of the United Kingdom so
far as those interests are also relevant to the interests of national
security (but see subsection (4)).
(3)
A mutual assistance warrant is necessary on grounds falling within this section
if—
(a) it is necessary for the purpose of giving effect to the provisions of an EU
mutual assistance instrument or an international mutual assistance
agreement, and
(b) the circumstances appear to the Secretary of State to be equivalent to
those in which the Secretary of State would issue a warrant by virtue of
subsection (2)(b).