Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
85
relates to a matter in respect of which a designated customs official has
functions.
(10)
A law enforcement chief who is the chair of the Competition and Markets
Authority may consider that the condition in subsection (1)(a) is satisfied only
if the offence, or all of the offences, to which the serious crime relates are
offences under section 188 of the Enterprise Act 2002.
(11)
A law enforcement chief who is the chairman, or a deputy chairman, of the
Independent Police Complaints Commission may consider that the condition
in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which
the serious crime relates are offences that are being investigated as part of an
investigation by the Commission under Schedule 3 to the Police Reform Act
2002.
(12)
A law enforcement chief who is the Police Investigations and Review
Commissioner may consider that the condition in subsection (1)(a) is satisfied
only if the offence, or all of the offences, to which the serious crime relates are
offences that are being investigated under section 33A(b)(i) of the Police, Public
Order and Criminal Justice (Scotland) Act 2006.
(13)
For the purpose of subsection (7), an offence is an immigration or nationality
offence if conduct constituting the offence—
(a) relates to the entitlement of one or more persons who are not nationals
of the United Kingdom to enter, transit across, or be in, the United
Kingdom (including conduct which relates to conditions or other
controls on any such entitlement), or
(b) is undertaken for the purposes of or otherwise in relation to—
(i) the British Nationality Act 1981;
(ii) the Hong Kong Act 1985;
(iii) the Hong Kong (War Wives and Widows) Act 1996;
(iv) the British Nationality (Hong Kong) Act 1997;
(v) the British Overseas Territories Act 2002;
(vi) an instrument made under any of those Acts.
(14)
In this section—
“designated customs official” has the same meaning as in Part 1 of the
Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that
Act);
“immigration officer” means a person appointed as an immigration
officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
107
Restriction on issue of warrants to certain law enforcement officers
(1)
A law enforcement chief specified in subsection (2) may not issue a targeted
equipment interference warrant under section 106 unless the law enforcement
chief considers that there is a British Islands connection.
(2)
The law enforcement chiefs specified in this subsection are—
(a) the Chief Constable of a police force maintained under section 2 of the
Police Act 1996;
(b) the Commissioner, or an Assistant Commissioner, of the metropolitan
police force;
(c) the Commissioner of Police for the City of London;