82
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
103
Power to issue warrants to intelligence services: the Scottish Ministers
(1)
The Scottish Ministers 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 warrant authorises interference only with equipment which is in
Scotland at the time the warrant is issued or which the Scottish
Ministers believe to be in Scotland at that time,
(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,
(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Scottish Ministers consider 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
(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
(2)
The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—
(a) the warrant relates only to a person who is in Scotland, or whom the
Scottish Ministers believe to be in Scotland, at the time of the issue of
the warrant,
(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,
(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Scottish Ministers consider that the warrant is or may be necessary
to authorise the selection of protected material 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
(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.
(3)
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 as mentioned in subsection (1)(b) or
(2)(b).
(4)
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.
104
(1)
Power to issue warrants to the Chief of Defence Intelligence
The Secretary of State may, on an application made by or on behalf of the Chief
of Defence Intelligence, issue a targeted equipment interference warrant if—
(a) the Secretary of State considers that the warrant is necessary in the
interests of national security,