Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(b)
(c)
(d)
83
the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
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
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)
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)(a).
(3)
An application for the issue of a warrant under this section may only be made
on behalf of the Chief of Defence Intelligence by a person holding office under
the Crown.
105
Decision to issue warrants under sections 102 to 104 to be taken personally by
Ministers
(1)
The decision to issue a warrant under section 102 or 104 must be taken
personally by the Secretary of State.
(2)
The decision to issue a warrant under section 103 must be taken personally by
a member of the Scottish Government.
(3)
Before a warrant under section 102, 103 or 104 is issued, it must be signed by
the person who has taken the decision to issue it (subject to subsection (4)).
(4)
If it is not reasonably practicable for a warrant to be signed by the person who
has taken the decision to issue it, the warrant may be signed by a senior official
designated by the Secretary of State or (as the case may be) the Scottish
Ministers for that purpose.
(5)
In such a case, the warrant must contain a statement that—
(a) it is not reasonably practicable for the warrant to be signed by the
person who took the decision to issue it, and
(b) the Secretary of State or (as the case may be) a member of the Scottish
Government has personally and expressly authorised the issue of the
warrant.
106
(1)
Power to issue warrants to law enforcement officers
A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may,
on an application made by a person who is an appropriate law enforcement
officer in relation to the chief, issue a targeted equipment interference warrant
if—
(a) the law enforcement chief considers that the warrant is necessary for
the purpose of preventing or detecting serious crime,
(b) the law enforcement chief considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(c) the law enforcement chief 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