Part 5

Equipment interference

Power to issue warrants

Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers
105
1
The decision to issue a warrant under section 102 or 104 must be taken personally by the Secretary of State.
2
The decision to issue a warrant under section 103 must be taken personally by a member of the Scottish Government.
3
Before a warrant under section 102, 103 or 104 is issued, it must be signed by the person who has taken the decision to issue it (subject to subsection (4)).
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.
S. 105 in force at 31.5.2018 by S.I. 2018/652, reg. 4(g)