86
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(d)
(e)
(f)
(g)
(h)
(i)
the chief constable of the Police Service of Scotland;
the Chief Constable or a Deputy Chief Constable of the Police Service
of Northern Ireland;
the Chief Constable of the British Transport Police Force;
the Chief Constable of the Ministry for Defence Police;
the chairman, or a deputy chairman, of the Independent Police
Complaints Commission;
the Police Investigations and Review Commissioner.
(3)
The Director General of the National Crime Agency may not issue a targeted
equipment interference warrant on the application of a member of a
collaborative police force unless the Director General considers that there is a
British Islands connection.
“Collaborative police force” has the meaning given by paragraph 2 of Part 3 of
Schedule 6.
(4)
For the purpose of this section, there is a British Islands connection if—
(a) any of the conduct authorised by the warrant would take place in the
British Islands (regardless of the location of the equipment that would,
or may, be interfered with),
(b) any of the equipment which would, or may, be interfered with would,
or may, be in the British Islands at some time while the interference is
taking place, or
(c) a purpose of the interference is to obtain—
(i) communications sent by, or to, a person who is, or whom the
law enforcement officer believes to be, for the time being in the
British Islands,
(ii) information relating to an individual who is, or whom the law
enforcement officer believes to be, for the time being in the
British Islands, or
(iii) equipment data which forms part of, or is connected with,
communications or information falling within sub-paragraph
(i) or (ii).
(5)
Except as provided by subsections (1) to (3), a targeted equipment interference
warrant may be issued under section 106 whether or not the person who has
power to issue the warrant considers that there is a British Islands connection.
Approval of warrants by Judicial Commissioners
108
Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a person’s decision to issue a warrant under
this Part, a Judicial Commissioner must review the person’s conclusions as to
the following matters—
(a) whether the warrant is necessary on any relevant grounds (see
subsection (3)), and
(b) whether the conduct which would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct.
(2)
In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and