Part 5Equipment interference

Additional safeguards

111Members of Parliament etc.

I11

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.

I12

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.

I13

The Secretary of State may not issue the warrant without the approval of the Prime Minister.

I24

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.

I25

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.

I26

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

I27

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.

I18

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;

F1e

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