(1)In subsection (2) of section 5 of the M1Intelligence Services Act 1994 (the circumstances in which the Secretary of State may issue a warrant authorising interference with property or wireless telegraphy)—
(a)in paragraph (a), for “on the ground that it is likely to be of substantial value in” there shall be substituted “ for the purpose of ”; and
(b)for paragraph (b) there shall be substituted—
“(b)is satisfied that the taking of the action is proportionate to what the action seeks to achieve;”.
(2)After that subsection, there shall be inserted—
“(2A)The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.”
(3)In each of sections 6(1)(b) and 7(5)(b) of that Act (warrants issued under the hand of a senior official of the Secretary of State’s department), the words “of his department” shall be omitted.
(4)In section 11 of that Act (interpretation), for paragraph (1)(d) there shall be substituted—
“(d)“senior official” has the same meaning as in the Regulation of Investigatory Powers Act 2000;”.
Marginal Citations