Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(i)
(ii)
(4)
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is made by, or on behalf of, the chief constable of the Police
Service of Scotland, or
is made by, or on behalf of, the Commissioners for Her
Majesty’s Revenue and Customs or the Director General of the
National Crime Agency for the purpose of preventing or
detecting serious crime in Scotland.
Condition C is that—
(a) the application is for the issue of a mutual assistance warrant which, if
issued, would authorise or require—
(i) the provision of assistance falling within section 15(4)(b), or
(ii) the provision of such assistance and disclosure falling within
section 15(4)(c), 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.
Approval of warrants by Judicial Commissioners
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Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a person’s decision to issue a warrant under
this Chapter, a Judicial Commissioner must review the person’s conclusions as
to the following matters—
(a) whether the warrant is necessary on relevant grounds (see subsection
(3)), and
(b) whether the conduct that would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct.
(2)
In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
privacy).
(3)
In subsection (1)(a) “relevant grounds” means—
(a) in the case of a decision of the Secretary of State to issue a warrant,
grounds falling within section 20;
(b) in the case of a decision of the Scottish Ministers to issue a warrant,
grounds falling within section 21(4).
(4)
Where a Judicial Commissioner refuses to approve a person’s decision to issue
a warrant under this Chapter, the Judicial Commissioner must give the person
written reasons for the refusal.
(5)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a person’s decision to issue a warrant under
this Chapter, the person may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.