Investigatory Powers Act 2016

26 Members of Parliament etc. U.K.

(1) This section applies where—

(a) an application is made to the Secretary of State for the issue of a targeted interception warrant or a targeted examination warrant, and

(b) the purpose of the warrant is—

(i) in the case of a targeted interception warrant, to authorise or require the interception of communications sent by, or intended for, a person who is a member of a relevant legislature, or

(ii) in the case of a targeted examination warrant, to authorise the selection for examination of the content of such communications.

(2) The Secretary of State may not issue the warrant without the approval of

[F1 (a)] the Prime Minister [F2 , or

(b) if conditions A and B are met, an individual (other than that Secretary of State) designated by the Prime Minister under this section.]

[F3 (2A) Condition A is that the Prime Minister is unable to decide whether to give approval under subsection (2), due to incapacity or inability to access secure communications.

(2B) Condition B is that the Secretary of State or a senior official considers that there is an urgent need for the decision (as to whether to give such approval) to be made.

(2C) The Prime Minister may designate up to five individuals under this section.

(2D) The Prime Minister may designate an individual under this section only if the individual—

(a) holds the office of Secretary of State, and

(b) has the necessary operational awareness to decide whether to give approvals under subsection (2).

(2E) A designation under this section ends—

(a) when the individual ceases to hold the office of Secretary of State, or

(b) if earlier, when revoked by the Prime Minister.

(2F) In this section “senior official” means a member of the Senior Civil Service or a member of the Senior Management Structure of His Majesty’s Diplomatic Service.]

(3) In this section “member of a relevant legislature” means—

(a) a member of either House of Parliament;

(b) a member of the Scottish Parliament;

(c) a member of the National Assembly for Wales;

(d) a member of the Northern Ireland Assembly;

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 26(2) renumbered as s. 26(2)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 22(2)(a), 32(2); S.I. 2024/1021, reg. 2(t)

F2 S. 26(2)(b) and word inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 22(2)(b), 32(2); S.I. 2024/1021, reg. 2(t)

F3 S. 26(2A)-(2F) inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 22(3), 32(2); S.I. 2024/1021, reg. 2(t)

F4 S. 26(3)(e) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

Commencement Information

I1 S. 26 in force at 31.5.2018 by S.I. 2018/652, reg. 3(j)