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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

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Functions under the 2000 Act

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1.—(1) Without prejudice to paragraph 2 of Schedule 1 to the 2000 Order or paragraph 1 of Schedule 1 to the 2003 Order, the functions of the Secretary of State under section 5 of the 2000 Act (interception with a warrant) are, for the purposes of section 63 of the 1998 Act, to be treated as being exercisable in or as regards Scotland if they are exercisable in the class of case mentioned in sub paragraph (2) below.

(2) The class of case referred to in sub paragraph (1) constitutes any case where the warrant under section 5 of the 2000 Act–

(a)authorises or requires the person to whom it is addressed to secure the making of a request in accordance with paragraph (b) of section 5(1), or a request in accordance with that paragraph and disclosure in accordance with section 5(1)(d); and

(b)the warrant is issued on an application made by or on behalf of–

(i)the Director General of the Scottish Crime and Drug Enforcement Agency; or

(ii)the Director General of the Serious Organised Crime Agency for the purpose of preventing or detecting serious crime in Scotland.

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