Textual Amendments
F1Pt. I Ch. 1 omitted (12.3.2018 for the omission of ss. 12, 13, 14(2)(c), 27.6.2018 for the omission of ss. 1 (for specified purposes), 3, 4, 17, 18, 19, 8.8.2018 for the omission of ss. 6, 9 for specified purposes, 26.9.2018 for the omission of s. 1 so far as not already in force, 7.11.2018 for the omission of ss. 6 (so far as not already in force), 7, 9 (for specified purposes)) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 45 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/341, reg. 2(n) (with reg. 3); S.I. 2018/652, regs. 13, 14(c) (with regs. 15(4), 16, 19(1)(6)); S.I. 2018/940, regs. 3(h), 4(a)
(1)An interception warrant shall not be issued except—
(a)under the hand of the Secretary of State [F2or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive]; or
(b)in a case falling within subsection (2) [F3(a) or (b)], under the hand of a senior official.
[F4; or
(c)in a case falling within subsection (2)(aa), under the hand of a member of the staff of the Scottish Administration who is a member of the Senior Civil Service and who is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.]
(2)Those cases are—
(a)an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant in that case; and
[F5(aa)an urgent case in which the Scottish Ministers have themselves (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised the use of the warrant in that case and a statement of that fact is endorsed on the warrant; and]
(b)a case in which the warrant is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom and either—
(i)it appears that the interception subject is outside the United Kingdom; or
(ii)the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.
(3)An interception warrant—
(a)must be addressed to the person falling within section 6(2) by whom, or on whose behalf, the application for the warrant was made; and
(b)in the case of a warrant issued under the hand of a senior official, must contain, according to whatever is applicable—
(i)one of the statements set out in subsection (4); and
(ii)if it contains the statement set out in subsection (4)(b), one of the statements set out in subsection (5).
(4)The statements referred to in subsection (3)(b)(i) are—
(a)a statement that the case is an urgent case in which the Secretary of State has himself expressly authorised the issue of the warrant;
(b)a statement that the warrant is issued for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom.
(5)The statements referred to in subsection (3)(b)(ii) are—
(a)a statement that the interception subject appears to be outside the United Kingdom;
(b)a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.]
Textual Amendments
F2Words in s. 7(1)(a) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(a) (with art. 6)
F3Words in s. 7(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(b) (with art. 6)
F4S. 7(1)(c) and word immediately preceding it inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(c) (with art. 6)
F5S. 7(2)(aa) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 4(d) (with art. 6)