Regulation of Investigatory Powers Act 2000 Explanatory Notes

Section 42: Intelligence services authorisations

233.Where the Secretary of State grants an authorisation to one of the intelligence services under this Part (which will be for intrusive surveillance, or intrusive surveillance combined with directed surveillance), the authorisation will take the form of a warrant. This is consistent with section 5 of the Intelligence Services Act 1994.

234.Subsection (2) provides that a single warrant may combine an authorisation for intrusive surveillance with an intelligence services warrant (defined in subsection (6): a property warrant under section 5 of the Intelligence Services Act 1994).

235.In addition to the requirements in section 32, subsection (3) limits SIS and GCHQ to obtaining a warrant for intrusive surveillance in the British Islands to investigations carried out in the interests of national security or the economic well-being of the UK. Subsections (4) and (5) enable the Security Service to act on behalf of SIS and GCHQ in applying for and granting any authorisation in connection with a function of SIS or GCHQ, provided that SIS or GCHQ would have the power to act in that way, and provided that it does not relate to the functions of SIS or GCHQ in support of the prevention or detection of serious crime.

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