Investigatory Powers Act 2016

Crime and Courts Act 2013

70 (1) In Schedule 1 to the Crime and Courts Act 2013 (the NCA and NCA officers), paragraph 6A (investigatory activity in Northern Ireland) is amended as follows.

(2) In sub-paragraph (3)—

(a) in the opening words, omit “an authorisation granted under any of the following provisions”;

(b) before paragraph (a) insert—

“(za) a targeted equipment interference warrant under Part 5 of the Investigatory Powers Act 2016;”;

(c) in paragraph (a), for “in the” substitute “an authorisation granted under any of the following provisions of the”;

(d) in paragraph (b), at the beginning insert “an authorisation granted under”.

(3) After sub-paragraph (3) insert—

“(4) For the purpose of sub-paragraph (1), a relevant investigatory activity falling within sub-paragraph (3)(za) is to be regarded as carried out in Northern Ireland if (and to the extent that)—

(a) the equipment that is being interfered with under the warrant is in Northern Ireland, and

(b) at the time of the carrying out of the activity, the NCA officer knows that the equipment is in Northern Ireland.

(5) Sub-paragraph (6) applies where—

(a) in the carrying out by an NCA officer of a relevant investigatory activity falling within sub-paragraph (3)(za), equipment in Northern Ireland is interfered with under the warrant,

(b) at the time the interference begins, the NCA officer does not know that the equipment is in Northern Ireland, and

(c) at any time while the interference is continuing, the NCA officer becomes aware that the equipment is in Northern Ireland.

(6) The NCA officer is not to be regarded as in breach of sub-paragraph (1) if the interference continues after the NCA officer becomes aware that the equipment is in Northern Ireland, provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable.”