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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

30Decisions to issue warrants to be taken personally by Ministers
This section has no associated Explanatory Notes

(1)The decision to issue a warrant under this Chapter must be taken personally by—

(a)the Secretary of State, or

(b)in the case of a warrant to be issued by the Scottish Ministers, a member of the Scottish Government.

(2)Before a warrant under this Chapter is issued, it must be signed by the person who has taken the decision to issue it.

(3)Subsections (1) and (2) are subject to—

(a)subsection (4), and

(b)section 40 (special rules for certain mutual assistance warrants).

(4)If it is not reasonably practicable for a warrant to be signed by the person who has taken the decision to issue it, the warrant may be signed by a senior official designated by the Secretary of State or (as the case may be) the Scottish Ministers for that purpose.

(5)In such a case, the warrant must contain a statement that—

(a)it is not reasonably practicable for the warrant to be signed by the person who took the decision to issue it, and

(b)the Secretary of State or (as the case may be) a member of the Scottish Government has personally and expressly authorised the issue of the warrant.

(6)In this section “senior official” means—

(a)in the case of a warrant to be issued by the Secretary of State, a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty’s Diplomatic Service;

(b)in the case of a warrant to be issued by the Scottish Ministers, a member of the staff of the Scottish Administration who is a member of the Senior Civil Service.

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