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Investigatory Powers Act 2016

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Changes over time for: Cross Heading: Warrants that may be issued by Scottish Ministers

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Point in time view as at 30/09/2021.

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Investigatory Powers Act 2016, Cross Heading: Warrants that may be issued by Scottish Ministers is up to date with all changes known to be in force on or before 16 November 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. Help about Changes to Legislation

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Warrants that may be issued by Scottish MinistersU.K.

4U.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 interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

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

(b)a targeted equipment interference warrant which the Scottish Ministers have power to issue under section 103(1);

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

(d)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

I1Sch. 8 para. 4 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 6(b)(i)

I2Sch. 8 para. 4 in force at 6.7.2018 in so far as not already in force by S.I. 2018/817, reg. 2

5U.K.The Scottish Ministers may, on an application made by or on behalf of the chief constable of the Police Service of Scotland, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

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

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

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

Commencement Information

I3Sch. 8 para. 5 in force at 30.8.2018 for specified purposes by S.I. 2018/940, reg. 2(1)(f) (with reg. 2(2))

I4Sch. 8 para. 5 in force at 26.9.2018 in so far as not already in force by S.I. 2018/940, reg. 3(g)(i)

6U.K.The Scottish Ministers may, on an application made by or on behalf of the chief constable of the Police Service of Scotland, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

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

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

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

Commencement Information

I5Sch. 8 para. 6 in force at 30.8.2018 for specified purposes by S.I. 2018/940, reg. 2(1)(f) (with reg. 2(2))

I6Sch. 8 para. 6 in force at 26.9.2018 in so far as not already in force by S.I. 2018/940, reg. 3(g)(i)

7(1)The Scottish Ministers may, on an application made by or on behalf of a relevant intercepting authority, issue a warrant that combines a targeted interception warrant which the Scottish Ministers have power to issue under section 21(1) with one or more of the following—U.K.

(a)a targeted equipment interference warrant which a law enforcement chief has power to issue under section 106;

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

(2)For the purposes of sub-paragraph (1), each of the following is a “relevant intercepting authority”—

(a)the Director General of the National Crime Agency;

(b)the Commissioner of Police of the Metropolis;

(c)the Chief Constable of the Police Service of Northern Ireland;

(d)the Commissioners for Her Majesty's Revenue and Customs.

Commencement Information

I7Sch. 8 para. 7 in force at 30.8.2018 for specified purposes by S.I. 2018/940, reg. 2(1)(f) (with reg. 2(2))

I8Sch. 8 para. 7 in force at 26.9.2018 in so far as not already in force by S.I. 2018/940, reg. 3(g)(i)

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