ch2300c01a
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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
9
Part I
Chapter I
(d) for the purpose, in circumstances appearing to the Secretary of
State to be equivalent to those in which he would issue a warrant
by virtue of paragraph (b), of giving effect to the provisions of
any international mutual assistance agreement.
(4) The matters to be taken into account in considering whether the
requirements of subsection (2) are satisfied in the case of any warrant shall
include whether the information which it is thought necessary to obtain
under the warrant could reasonably be obtained by other means.
(5) A warrant shall not be considered necessary on the ground falling
within subsection (3)(c) unless the information which it is thought
necessary to obtain is information relating to the acts or intentions of
persons outside the British Islands.
(6) The conduct authorised by an interception warrant shall be taken
to include—
(a) all such conduct (including the interception of communications
not identified by the warrant) as it is necessary to undertake in
order to do what is expressly authorised or required by the
warrant;
(b) conduct for obtaining related communications data; and
(c) conduct by any person which is conduct in pursuance of a
requirement imposed by or on behalf of the person to whom the
warrant is addressed to be provided with assistance with giving
effect to the warrant.
Interception warrants
6.—(1) An interception warrant shall not be issued except on an Application for
application made by or on behalf of a person specified in subsection (2). issue of an
interception
(2) Those persons are—
warrant.
(a) the Director-General of the Security Service;
(b) the Chief of the Secret Intelligence Service;
(c) the Director of GCHQ;
(d) the Director General of the National Criminal Intelligence
Service;
(e) the Commissioner of Police of the Metropolis;
(f) the Chief Constable of the Royal Ulster Constabulary;
(g) the chief constable of any police force maintained under or by
virtue of section 1 of the Police (Scotland) Act 1967;
1967 c. 77.
(h) the Commissioners of Customs and Excise;
(i) the Chief of Defence Intelligence;
(j) a person who, for the purposes of any international mutual
assistance agreement, is the competent authority of a country or
territory outside the United Kingdom.
(3) An application for the issue of an interception warrant shall not be
made on behalf of a person specified in subsection (2) except by a person
holding office under the Crown.
7.—(1) An interception warrant shall not be issued except—
(a) under the hand of the Secretary of State; or
Issue of warrants.