- Latest available (Revised)
- Point in Time (25/09/2000)
- Original (As enacted)
Version Superseded: 13/02/2017
Point in time view as at 25/09/2000. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Intelligence Services Act 1994, Section 5 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by a warrant issued by the Secretary of State under this section.
(2)The Secretary of State may, on an application made by the Security Service, the Intelligence Service or GCHQ, issue a warrant under this section authorising the taking, subject to subsection (3) below, of such action as is specified in the warrant in respect of any property so specified or in respect of wireless telegraphy so specified if the Secretary of State—
(a)thinks it necessary for the action to be taken [F1for the purpose of] assisting, as the case may be,—
(i)the Security Service in carrying out any of its functions under the 1989 Act; or
(ii)the Intelligence Service in carrying out any of its functions under section 1 above; or
(iii)GCHQ in carrying out any function which falls within section 3(1)(a) above; and
[F2(b)is satisfied that the taking of the action is proportionate to what the action seeks to achieve;]
(c)is satisfied that satisfactory arrangements are in force under section 2(2)(a) of the 1989 Act (duties of the Director-General of the Security Service), section 2(2)(a) above or section 4(2)(a) above with respect to the disclosure of information obtained by virtue of this section and that any information obtained under the warrant will be subject to those arrangements.
[F3(2A)The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.]
[F4(3)A warrant issued on the application of the Intelligence Service or GCHQ for the purposes of the exercise of their functions by virtue of section 1(2)(c) or 3(2)(c) above may not relate to property in the British Islands.
(3A)A warrant issued on the application of the Security Service for the purposes of the exercise of their function under section 1(4) of the M1Security Service Act 1989 may not relate to property in the British Islands unless it authorises the taking of action in relation to conduct within subsection (3B) below.
(3B)Conduct is within this subsection if it constitutes (or, if it took place in the United Kingdom, would constitute) one or more offences, and either—
(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose; or
(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more.]
(4)Subject to subsection (5) below, the Security Service may make an application under subsection (2) above for a warrant to be issued authorising that Service (or a person acting on its behalf) to take such action as is specified in the warrant on behalf of the Intelligence Service or GCHQ and, where such a warrant is issued, the functions of the Security Service shall include the carrying out of the action so specified, whether or not it would otherwise be within its functions.
(5)The Security Service may not make an application for a warrant by virtue of subsection (4) above except where the action proposed to be authorised by the warrant—
(a)is action in respect of which the Intelligence Service or, as the case may be, GCHQ could make such an application; and
(b)is to be taken otherwise than in support of the prevention or detection of serious crime.
Textual Amendments
F1Words in s. 5(2)(a) substituted (25.9.2000) by 2000 c. 23, s. 74(1)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F2S. 5(2)(b) substituted (25.9.2000) by 2000 c. 23, s. 74(1)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F3S. 5(2A) inserted (25.9.2000) by 2000 c. 23, s. 74(2) (with s. 82(3)); S.I. 2000/2543, art. 2
F4S. 5(3)(3A)(3B) substituted for s. 5(3) (14.10.1996) by 1996 c. 35, s. 2; S.I. 1996/2454, art. 2
Modifications etc. (not altering text)
C1S. 5: Certain functions transferred (S.) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1
S. 5 amended (2.10.2000) by 2000 c. 23, s. 59(2)(a) (with s. 82(3)); S.I. 2000/2543, art. 3
C2S. 5: certain functions made exercisable (S.) (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 15(1)
C3S. 5(1) extended (with modifications) (Jersey, Guernsey) (15.12.1994) by S.I. 1994/2955, art. 2, Sch.
Commencement Information
I1S. 5 wholly in force at 15.12.1994; S. 5 not in force at Royal Assent, see s. 12(2); s. 5 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: