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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

Part 1Combinations with targeted interception warrants

Warrants that may be issued by Secretary of State

1The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a)a targeted examination warrant which the Secretary of State has power to issue under section 19(2);

(b)a targeted equipment interference warrant which the Secretary of State has power to issue under section 102(1);

(c)a targeted examination warrant which the Secretary of State has power to issue under section 102(3);

(d)a warrant which the Secretary of State has power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy);

(e)an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(f)an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

2The Secretary of State may, on an application made by or on behalf of the Chief of Defence Intelligence, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a)a targeted equipment interference warrant which the Secretary of State has power to issue under section 104;

(b)an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(c)an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

3(1)The Secretary of State may, on an application made by or on behalf of a relevant intercepting authority, issue a warrant that combines a targeted interception warrant which the Secretary of State has power to issue under section 19(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b)an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c)an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(d)an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

(2)For the purposes of sub-paragraph (1), each of the following is a “relevant intercepting authority”—

(a)the Director General of the National Crime Agency;

(b)the Commissioner of Police of the Metropolis;

(c)the Chief Constable of the Police Service of Northern Ireland;

(d)the chief constable of the Police Service of Scotland;

(e)the Commissioners for Her Majesty’s Revenue and Customs.

Warrants that may be issued by Scottish Ministers

4The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted examination warrant which the Scottish Ministers have power to issue under section 21(2);

(b)a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1);

(c)a targeted examination warrant which the Scottish Ministers have power to issue under section 103(2);

(d)a warrant which the Scottish Ministers have power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy).

5The Scottish Ministers may, on an application made by or on behalf of the chief constable of the Police Service of Scotland, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b)an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c)an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(d)an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

6The Scottish Ministers may, on an application made by or on behalf of the chief constable of the Police Service of Scotland, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b)an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(c)an authorisation under section 6 of the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (authorisation of directed surveillance);

(d)an authorisation under section 10 of that Act (authorisation of intrusive surveillance).

7(1)The Scottish Ministers may, on an application made by or on behalf of a relevant intercepting authority, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

(b)an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property).

(2)For the purposes of sub-paragraph (1), each of the following is a “relevant intercepting authority”—

(a)the Director General of the National Crime Agency;

(b)the Commissioner of Police of the Metropolis;

(c)the Chief Constable of the Police Service of Northern Ireland;

(d)the Commissioners for Her Majesty’s Revenue and Customs.

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