Investigatory Powers Act 2016

10 Restriction on requesting assistance under mutual assistance agreements etc.

(1) This section applies to—

(a) a request for assistance under an EU mutual assistance instrument, and

(b) a request for assistance in accordance with an international mutual assistance agreement.

(2) A request to which this section applies may not be made by or on behalf of a person in the United Kingdom to the competent authorities of a country or territory outside the United Kingdom unless a mutual assistance warrant has been issued under Chapter 1 of Part 2 authorising the making of the request.

(3) In this section—

• “EU mutual assistance instrument” means an EU instrument which—

  (a)

  relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

  (b)

  requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

  (c)

  is designated as an EU mutual assistance instrument by regulations made by the Secretary of State;

• “international mutual assistance agreement” means an international agreement which—

  (a)

  relates to the provision of mutual assistance in connection with, or in the form of, the interception of communications,

  (b)

  requires the issue of a warrant, order or equivalent instrument in cases in which assistance is given, and

  (c)

  is designated as an international mutual assistance agreement by regulations made by the Secretary of State.