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Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(a)
(b)
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
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.
(3)
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 (safeguards relating to retention and disclosure
of material) include specific arrangements for the handling, retention, use and
destruction of communications containing confidential journalistic material.
(4)
For the meaning of “journalistic material” and “confidential journalistic
material”, see section 264.
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Sources of journalistic information
(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 to identify or
confirm a source of journalistic information.
(For the meaning of “source of journalistic information”, see section 263(1).)
(2)
The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to identify or confirm a source of journalistic
information.
(3)
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 (safeguards relating to retention and disclosure
of material) include specific arrangements for the handling, retention, use and
destruction of communications that identify sources of journalistic
information.
Further provision about warrants
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Decisions to issue warrants to be taken personally by Ministers
(1)
The decision to issue a warrant under this Chapter must be taken personally
by—
(a) the Secretary of State, or
(b) in the case of a warrant to be issued by the Scottish Ministers, a member
of the Scottish Government.
(2)
Before a warrant under this Chapter is issued, it must be signed by the person
who has taken the decision to issue it.
(3)
Subsections (1) and (2) are subject to—
(a) subsection (4), and
(b) section 40 (special rules for certain mutual assistance warrants).