Investigatory Powers Act 2016

Part 2 U.K. Other combinations involving targeted equipment interference warrants

Warrants that may be issued by Secretary of State U.K.

8 U.K. The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power to issue under section 102(1) with one or more of the following—

(a) a targeted examination warrant which the Secretary of State has power to issue under section 102(3);

(b) a targeted examination warrant which the Secretary of State has power to issue under section 19(2);

(c) a warrant which the Secretary of State has power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy);

(d) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(e) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

Commencement Information

I1 Sch. 8 para. 8 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 6(b)(i)

I2 Sch. 8 para. 8 in force at 6.7.2018 in so far as not already in force by S.I. 2018/817, reg. 2

9 U.K. The Secretary of State may, on an application made by or on behalf of the Chief of Defence Intelligence, issue a warrant that combines a targeted equipment interference warrant which the Secretary of State has power to issue under section 104 with one or more of the following—

(a) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(b) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

Commencement Information

I3 Sch. 8 para. 9 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 6(b)(i)

I4 Sch. 8 para. 9 in force at 6.7.2018 in so far as not already in force by S.I. 2018/817, reg. 2

Warrants that may be issued by Scottish Ministers U.K.

10 U.K. The Scottish Ministers may, on an application made by or on behalf of the head of an intelligence service, issue a warrant that combines a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1) with one or more of the following—

(a) a targeted examination warrant which the Scottish Ministers have power to issue under section 103(2);

(b) a targeted examination warrant which the Scottish Ministers have power to issue under section 21(2);

(c) a warrant which the Scottish Ministers have power to issue under section 5 of the Intelligence Services Act 1994 (warrants for entry or interference with property or wireless telegraphy).

Commencement Information

I5 Sch. 8 para. 10 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 6(b)(i)

I6 Sch. 8 para. 10 in force at 6.7.2018 in so far as not already in force by S.I. 2018/817, reg. 2

Warrants that may be issued by other persons U.K.

11 (1) A law enforcement chief may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 106 with one or more of the following— U.K.

(a) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(b) an authorisation under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance);

(c) an authorisation under section 32 of that Act (authorisation of intrusive surveillance).

(2) For the purposes of this paragraph, references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance with section 106(5).

Commencement Information

I7 Sch. 8 para. 11 in force at 28.11.2018 for specified purposes by S.I. 2018/1246, reg. 2(i)

I8 Sch. 8 para. 11 in force at 5.12.2018 in so far as not already in force by S.I. 2018/1246, reg. 3(k)

12 (1) A law enforcement chief within sub-paragraph (2) may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a warrant that combines a targeted equipment interference warrant which the law enforcement chief has power to issue under section 106 with one or more of the following— U.K.

(a) an authorisation under section 93 of the Police Act 1997 (authorisations to interfere with property);

(b) an authorisation under section 6 of the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (authorisation of directed surveillance);

(c) an authorisation under section 10 of that Act (authorisation of intrusive surveillance).

(2) The law enforcement chiefs mentioned in sub-paragraph (1) are—

(a) the chief constable of the Police Service of Scotland, and

(b) the Police Investigations and Review Commissioner.

(3) For the purposes of this paragraph, references to a “law enforcement chief” and an “appropriate law enforcement officer” are to be read in accordance with section 106(5).

Commencement Information

I9 Sch. 8 para. 12 in force at 28.11.2018 for specified purposes by S.I. 2018/1246, reg. 2(i)

I10 Sch. 8 para. 12 in force at 5.12.2018 in so far as not already in force by S.I. 2018/1246, reg. 3(k)