Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
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(4)
A warrant may be considered necessary as mentioned in subsection (2)(c) only
if the information which it is considered necessary to obtain is information
relating to the acts or intentions of persons outside the British Islands.
(5)
A warrant may not be considered necessary on grounds falling within this
section if it is considered necessary only for the purpose of gathering evidence
for use in any legal proceedings.
(6)
The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the warrant is necessary on grounds falling within this section.
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Power of Scottish Ministers to issue warrants
(1)
The Scottish Ministers 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 application is a relevant Scottish application (see section 22),
(b) the Scottish Ministers consider that the warrant is necessary on
grounds falling within subsection (4),
(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Scottish Ministers consider 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
(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
(2)
The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if��
(a) the application is a relevant Scottish application,
(b) the Scottish Ministers consider that the warrant is necessary on
grounds falling within subsection (4),
(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Scottish Ministers consider 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
(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
(3)
The Scottish Ministers may, on an application made by or on behalf of an
intercepting authority, issue a mutual assistance warrant if—
(a) the application is a relevant Scottish application,
(b) the Scottish Ministers consider that the warrant is necessary on
grounds falling within subsection (4),
(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,