144
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(3)
In subsection (2), “relevant system” means any system on or by means of which
the data is held.
(4)
For the meaning of “systems data” and “identifying data”, see section 263.
178
Power to issue bulk equipment interference warrants
(1)
The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a bulk equipment interference warrant if—
(a) the Secretary of State considers that the main purpose of the warrant is
to obtain overseas-related communications, overseas-related
information or overseas-related equipment data,
(b) the Secretary of State considers that the warrant is necessary—
(i) in the interests of national security, or
(ii) on that ground and on any other grounds falling within
subsection (2),
(c) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Secretary of State considers that—
(i) each of the specified operational purposes (see section 183) is a
purpose for which the examination of material obtained under
the warrant is or may be necessary, and
(ii) the examination of such material for each such purpose is
necessary on any of the grounds on which the Secretary of State
considers the warrant to be necessary,
(e) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 191 and 192 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and
(f) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
For the meaning of “head of an intelligence service”, see section 263.
(2)
A warrant is necessary on grounds falling within this subsection if it is
necessary—
(a) for the purpose of preventing or detecting serious crime, or
(b) in the interests of the economic well-being of the United Kingdom so
far as those interests are also relevant to the interests of national
security (but see subsection (3)).
(3)
A warrant may be considered necessary on the ground falling within
subsection (2)(b) only if the interference with equipment which would be
authorised by the warrant is considered necessary for the purpose of obtaining
information relating to the acts or intentions of persons outside the British
Islands.
(4)
An application for the issue of a bulk equipment interference warrant may only
be made on behalf of the head of an intelligence service by a person holding
office under the Crown.