22
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(2)
The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to authorise or require the interception, or (in the
case of a targeted examination warrant) the selection for examination, of items
subject to legal privilege.
(3)
In deciding whether to issue the warrant, the person to whom the application
is made must have regard to the public interest in the confidentiality of items
subject to legal privilege.
(4)
The person to whom the application is made may issue the warrant only if the
person considers—
(a) that there are exceptional and compelling circumstances that make it
necessary to authorise or require the interception, or (in the case of a
targeted examination warrant) the selection for examination, of items
subject to legal privilege, and
(b) that the arrangements made for the purposes of section 53 or (as the
case may be) section 150 (safeguards relating to retention and
disclosure of material) include specific arrangements for the handling,
retention, use and destruction of such items.
(5)
But the warrant may not be issued if it is considered necessary only as
mentioned in section 20(2)(c).
(6)
For the purposes of subsection (4)(a), there cannot be exceptional and
compelling circumstances that make it necessary to authorise or require the
interception, or the selection for examination, of items subject to legal privilege
unless—
(a) the public interest in obtaining the information that would be obtained
by the warrant outweighs the public interest in the confidentiality of
items subject to legal privilege,
(b) there are no other means by which the information may reasonably be
obtained, and
(c) in the case of a warrant considered necessary as mentioned in section
20(2)(b) or (3) or (as the case may be) 21(4), obtaining the information is
necessary for the purpose of preventing death or significant injury.
(7)
Subsections (8) and (9) apply if—
(a) an application is made by or on behalf of an intercepting authority for
a warrant under this Chapter,
(b) the intercepting authority considers that the relevant communications
are likely to include items subject to legal privilege, and
(c) subsections (2) to (5) do not apply.
(8)
The application must contain—
(a) a statement that the intercepting authority considers that the relevant
communications are likely to include items subject to legal privilege,
and
(b) an assessment of how likely it is that the relevant communications will
include such items.
(9)
The person to whom the application is made may issue the warrant only if the
person considers that the arrangements made for the purposes of section 53 or
(as the case may be) section 150 include specific arrangements for the handling,
retention, use and destruction of items subject to legal privilege.
(10)
In this section “relevant communications” means—