Part 2Lawful interception of communications
CHAPTER 1Interception and examination with a warrant
Further provision about warrants
I130Decisions to issue warrants to be taken personally by Ministers
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.