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Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(d)
except where the law enforcement chief 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)
A law enforcement chief described in Part 1 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 death or any injury or damage to a person’s
physical or mental health or of mitigating any injury or damage to a
person’s physical or mental health,
(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
(d) except where the law enforcement chief 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)
If it is not reasonably practicable for a law enforcement chief to consider an
application under this section, an appropriate delegate may, in an urgent case,
exercise the power to issue a targeted equipment interference warrant.
(5)
For the purposes of this section—
(a) a person is a law enforcement chief if the person is listed in the first
column of the table in Schedule 6;
(b) a person is an appropriate delegate in relation to a law enforcement
chief listed in the first column if the person is listed in the
corresponding entry in the second column of that table;
(c) a person is an appropriate law enforcement officer in relation to a law
enforcement chief listed in the first column if the person is listed in the
corresponding entry in the third column of that table.
(6)
Where the law enforcement chief is the Chief Constable or the Deputy Chief
Constable of the Police Service of Northern Ireland, the reference in subsection
(1)(a) to the purpose of preventing or detecting serious crime includes a
reference to the interests of national security.
(7)
A law enforcement chief who is an immigration officer may consider that the
condition in subsection (1)(a) is satisfied only if the serious crime relates to an
offence which is an immigration or nationality offence (whether or not it also
relates to other offences).
(8)
A law enforcement chief who is an officer of Revenue and Customs may
consider that the condition in subsection (1)(a) is satisfied only if the serious
crime relates to an assigned matter within the meaning of section 1(1) of the
Customs and Excise Management Act 1979.
(9)
A law enforcement chief who is a designated customs official may consider
that the condition in subsection (1)(a) is satisfied only if the serious crime