Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
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warrant or which the Secretary of State believes would be in Scotland
at that time.
For the power of the Scottish Ministers to issue a targeted equipment
interference warrant, see section 103.
(3)
The Secretary of State may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination 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 the warrant is or may be necessary
to authorise the selection of protected material for examination in
breach of the prohibition in section 193(4) (prohibition on seeking to
identify communications of, or private information relating to,
individuals in the British Islands), 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.
(4)
But the Secretary of State may not issue a targeted examination warrant under
subsection (3) if the warrant, if issued, would relate only to a person who
would be in Scotland at the time of the issue of the warrant or whom the
Secretary of State believes would be in Scotland at that time.
For the power of the Scottish Ministers to issue a targeted examination
warrant, see section 103.
(5)
A warrant is necessary on grounds falling within this subsection if it is
necessary—
(a) in the interests of national security,
(b) for the purpose of preventing or detecting serious crime, or
(c) 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.
(6)
A warrant may be considered necessary on the ground falling within
subsection (5)(c) 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.
(7)
The fact that the information which would be obtained under a warrant relates
to the activities in the British Islands of a trade union is not, of itself, sufficient
to establish that the warrant is necessary on grounds falling within subsection
(5).
(8)
An application for the issue of a warrant under this section may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.
(9)
Nothing in subsection (2) or (4) prevents the Secretary of State from doing
anything under this section for the purposes specified in section 2(2) of the
European Communities Act 1972.