80
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(c)
(d)
(e)
(f)
(g)
(h)
(2)
equipment belonging to, used by or in the possession of more than one
person or organisation, where the interference is for the purpose of a
single investigation or operation;
equipment in a particular location;
equipment in more than one location, where the interference is for the
purpose of a single investigation or operation;
equipment which is being, or may be, used for the purposes of a
particular activity or activities of a particular description;
equipment which is being, or may be, used to test, maintain or develop
capabilities relating to interference with equipment for the purpose of
obtaining communications, equipment data or other information;
equipment which is being, or may be, used for the training of persons
who carry out, or are likely to carry out, such interference with
equipment.
A targeted examination warrant may relate to any one or more of the following
matters—
(a) a particular person or organisation;
(b) a group of persons who share a common purpose or who carry on, or
may carry on, a particular activity;
(c) more than one person or organisation, where the conduct authorised by
the warrant is for the purpose of a single investigation or operation;
(d) the testing, maintenance or development of capabilities relating to the
selection of protected material for examination;
(e) the training of persons who carry out, or are likely to carry out, the
selection of such material for examination.
Power to issue warrants
102
Power to issue warrants to intelligence services: the Secretary of State
(1)
The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted equipment interference warrant if—
(a) the Secretary of State considers that the warrant is necessary on
grounds falling within subsection (5),
(b) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(c) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 129 and 130 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and
(d) 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.
(2)
But the Secretary of State may not issue a targeted equipment interference
warrant under subsection (1) if—
(a) the Secretary of State considers that the only ground for considering the
warrant to be necessary is for the purpose of preventing or detecting
serious crime, and
(b) the warrant, if issued, would authorise interference only with
equipment which would be in Scotland at the time of the issue of the