Investigatory Powers Act 2016

20 Grounds on which warrants may be issued by Secretary of State U.K.

(1) This section has effect for the purposes of this Part.

(2) A targeted interception warrant or targeted examination warrant is necessary on grounds falling within this section if it is necessary—

(a) in the interests of national security,

(b) for the purpose of preventing or detecting serious crime, or

(c) in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security (but see subsection (4)).

(3) A mutual assistance warrant is necessary on grounds falling within this section if—

(a) it is necessary for the purpose of giving effect to the provisions of F1 ... an international mutual assistance agreement, and

(b) the circumstances appear to the Secretary of State to be equivalent to those in which the Secretary of State would issue a warrant by virtue of subsection (2)(b).

(4) A warrant may be considered necessary as mentioned in subsection (2)(c) only if the information which it is considered necessary to obtain is information relating to the acts or intentions of persons outside the British Islands.

(5) A warrant may not be considered necessary on grounds falling within this section if it is considered necessary only for the purpose of gathering evidence for use in any legal proceedings.

(6) The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary on grounds falling within this section.

Textual Amendments

F1 Words in s. 20(3)(a) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 82(5) (with reg. 83); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 20 in force at 31.5.2018 by S.I. 2018/652, reg. 3(f)