Part 5U.K.Equipment interference

Additional safeguardsU.K.

111Members of Parliament etc.U.K.

(1)Subsection (3) applies where—

(a)an application is made to the Secretary of State for a targeted equipment interference warrant, and

(b)the purpose of the warrant is to obtain—

(i)communications sent by, or intended for, a person who is a member of a relevant legislature, or

(ii)a member of a relevant legislature's private information.

(2)Subsection (3) also applies where—

(a)an application is made to the Secretary of State for a targeted examination warrant, and

(b)the purpose of the warrant is to authorise the selection for examination of protected material which consists of—

(i)communications sent by, or intended for, a person who is a member of a relevant legislature, or

(ii)a member of a relevant legislature's private information.

(3)The Secretary of State may not issue the warrant without the approval of

[F1(a)]the Prime Minister [F2, or

(b)if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.]

(4)Subsection (5) applies where—

(a)an application is made under section 106 to a law enforcement chief for a targeted equipment interference warrant, and

(b)the purpose of the warrant is to obtain—

(i)communications sent by, or intended for, a person who is a member of a relevant legislature, or

(ii)a member of a relevant legislature's private information.

(5)The law enforcement chief may not issue the warrant without the approval of the Secretary of State unless the law enforcement chief believes that the warrant (if issued) would authorise interference only with equipment which would be in Scotland at the time of the issue of the warrant or which the law enforcement chief believes would be in Scotland at that time.

(6)The Secretary of State may give approval for the purposes of subsection (5) only with the approval of

[F3(a)]the Prime Minister [F4, or

(b)if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.]

(7)In a case where the decision whether to issue a targeted equipment interference warrant is to be taken by an appropriate delegate in relation to a law enforcement chief under section 106(4), the reference in subsection (5) to the law enforcement chief is to be read as a reference to the appropriate delegate.

[F5(7A)Condition A is that the Prime Minister is unable to decide whether to give approval under subsection (3) or (as the case may be) (6), due to incapacity or inability to access secure communications.

(7B)Condition B is that the Secretary of State or a senior official considers that there is an urgent need for the decision (as to whether to give such approval) to be made.

(7C)The Prime Minister may designate up to five individuals under this section.

(7D)The Prime Minister may designate an individual under this section only if the individual—

(a)holds the office of Secretary of State, and

(b)has the necessary operational awareness to decide whether to give approvals under subsection (3) or (6).

(7E)A designation under this section ends—

(a)when the individual ceases to hold the office of Secretary of State, or

(b)if earlier, when revoked by the Prime Minister.]

(8)In this section “member of a relevant legislature” means—

(a)a member of either House of Parliament;

(b)a member of the Scottish Parliament;

(c)a member of the National Assembly for Wales;

(d)a member of the Northern Ireland Assembly;

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 111(3) renumbered as s. 111(3)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 23(2)(a), 32(2); S.I. 2024/1021, reg. 2(u)

F3Words in s. 111(6) renumbered as s. 111(6)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 23(3)(a), 32(2); S.I. 2024/1021, reg. 2(u)

Commencement Information

I1S. 111(1)-(3)(8) in force at 31.5.2018 by S.I. 2018/652, reg. 4(i)

I2S. 111(4)-(7) in force at 28.11.2018 by S.I. 2018/1246, reg. 2(d)