Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
91
(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 129
or (as the case may be) section 191 include specific arrangements for the
handling, retention, use and destruction of items subject to legal privilege.
(10)
In this section, “relevant material” means—
(a) in relation to a targeted equipment interference warrant, any material
the obtaining of which is authorised or required under the warrant;
(b) in relation to a targeted examination warrant, any protected material
which the warrant authorises to be selected for examination.
(11)
Subsections (12) and (13) apply if—
(a) an application is made for a warrant under this Part,
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted equipment interference warrant, to
authorise or require interference with equipment for the
purpose of obtaining communications or other items of
information that, if they were not communications made or (as
the case may be) other items of information created or held 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 or other items of information
for examination, and
(c) the applicant considers that the communications or the other items of
information (“the targeted communications or other items of
information”) are likely to be communications made or (as the case may
be) other items of information created or held 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—
(i) to authorise or require interference with equipment for the
purpose of obtaining communications or other items of
information that, if they were not communications made or (as
the case may be) other items of information created or held 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 or other items of information
for examination, and
(b) set out the reasons for believing that the targeted communications or
other items of information are likely to be communications made or (as
the case may be) other items of information created or held 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 or other items of
information are likely to be communications made or (as the case may be) other
items of information created or held with the intention of furthering a criminal
purpose.