Part 2Lawful interception of communications

CHAPTER 1Interception and examination with a warrant

Further provision about warrants

I130Decisions to issue warrants to be taken personally by Ministers

1

The decision to issue a warrant under this Chapter must be taken personally by—

a

the Secretary of State, or

b

in the case of a warrant to be issued by the Scottish Ministers, a member of the Scottish Government.

2

Before a warrant under this Chapter is issued, it must be signed by the person who has taken the decision to issue it.

3

Subsections (1) and (2) are subject to—

a

subsection (4), and

b

section 40 (special rules for certain mutual assistance warrants).

4

If it is not reasonably practicable for a warrant to be signed by the person who has taken the decision to issue it, the warrant may be signed by a senior official designated by the Secretary of State or (as the case may be) the Scottish Ministers for that purpose.

5

In such a case, the warrant must contain a statement that—

a

it is not reasonably practicable for the warrant to be signed by the person who took the decision to issue it, and

b

the Secretary of State or (as the case may be) a member of the Scottish Government has personally and expressly authorised the issue of the warrant.

6

In this section “senior official” means—

a

in the case of a warrant to be issued by the Secretary of State, a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty's Diplomatic Service;

b

in the case of a warrant to be issued by the Scottish Ministers, a member of the staff of the Scottish Administration who is a member of the Senior Civil Service.