Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(a)
(b)
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in relation to a targeted interception warrant or mutual assistance
warrant, any communications the interception of which is authorised
or required by the warrant;
in relation to a targeted examination warrant, any communications the
content of which the warrant authorises to be selected for examination.
(11)
Subsections (12) and (13) apply if—
(a) an application is made by or on behalf of an intercepting authority for
a warrant under this Chapter,
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted interception warrant or mutual
assistance warrant, to authorise or require the interception of
communications that, if they were not made with the intention
of furthering a criminal purpose, would be items subject to legal
privilege, or
(ii) in the case of a targeted examination warrant, to authorise the
selection of such communications for examination, and
(c) the intercepting authority considers that the communications (“the
targeted communications”) are likely to be communications made with
the intention of furthering a criminal purpose.
(12)
The application must—
(a) 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
communications that, if they were not made with the intention of
furthering a criminal purpose, would be items subject to legal privilege,
and
(b) set out the reasons for believing that the targeted communications are
likely to be communications made with the intention of furthering a
criminal purpose.
(13)
The person to whom the application is made may issue the warrant only if the
person considers that the targeted communications are likely to be
communications made with the intention of furthering a criminal purpose.
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Confidential journalistic material
(1)
This section applies if—
(a) an application is made by or on behalf of an intercepting authority for
a warrant under this Chapter, and
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted interception warrant or mutual
assistance warrant, to authorise or require the interception of
communications which the intercepting authority believes will
be communications containing confidential journalistic
material, or
(ii) in the case of a targeted examination warrant, to authorise the
selection for examination of journalistic material which the
intercepting authority believes is confidential journalistic
material.
(2)
The application must contain a statement that the purpose, or one of the
purposes, of the warrant is—