18
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(d)
(e)
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
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.
(4)
A warrant is necessary on grounds falling within this subsection if—
(a) in the case of a targeted interception warrant or targeted examination
warrant, it is necessary for the purposes of preventing or detecting
serious crime, and
(b) in the case of a mutual assistance warrant—
(i) 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
(ii) the circumstances appear to the Scottish Ministers to be
equivalent to those in which the Scottish Ministers would issue
a warrant by virtue of paragraph (a).
(5)
A warrant may not be considered necessary on grounds falling within
subsection (4) 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 subsection
(4).
22
“Relevant Scottish applications”
(1)
An application for the issue of a warrant under this Chapter is a “relevant
Scottish application” for the purposes of this Chapter if any of conditions A to
C is met.
In this section “the applicant” means the person by whom, or on whose behalf,
the application is made.
(2)
Condition A is that—
(a) the application is for the issue of a targeted interception warrant or a
targeted examination warrant, and
(b) the warrant, if issued, would relate to—
(i) a person who is in Scotland, or is reasonably believed by the
applicant to be in Scotland, at the time of the issue of the
warrant, or
(ii) premises which are in Scotland, or are reasonably believed by
the applicant to be in Scotland, at that time.
(3)
Condition B is that—
(a) the application is for the issue of a mutual assistance warrant which, if
issued, would authorise or require—
(i) the making of a request falling within section 15(4)(a), or
(ii) the making of such a request and disclosure falling within
section 15(4)(c), and
(b) the application—