102 Power to issue warrants to intelligence services: the Secretary of State
Investigatory Powers Act 2016 (2016 c 25) | Legislation

Power to issue warrants

102  Power to issue warrants to intelligence services: the Secretary of State

(1)     The Secretary of State may, on an application made by or on behalf of the head of an intelligence service, issue a targeted equipment interference warrant if—

(a)     the Secretary of State considers that the warrant is necessary on grounds falling within subsection (5),

(b)     the Secretary of State considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,

(c)     the Secretary of State considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc) are in force in relation to the warrant, and

(d)     except where the Secretary of State considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.

(2)     But the Secretary of State may

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