Investigatory Powers Act 2016
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Change 1
105 Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers
(1) The decision to issue a warrant under section 102 or 104 must be taken personally by the Secretary of State. (2) The decision to issue a warrant under section 103 must be taken personally by a member of the Scottish Government. (3) Before a warrant under section 102, 103 or 104 is issued, it must be signed by the person who has taken the decision to issue it (subject to subsection (4)). (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.
105 Decision to issue warrants under sections 102 to 104 to be taken personally by Ministers
(1) The decision to issue a warrant under section 102 or 104 must be taken personally by the Secretary of State. (2) The decision to issue a warrant under section 103 must be taken personally by a member of the Scottish Government. (3) Before a warrant under section 102, 103 or 104 is issued, it must be signed by the person who has taken the decision to issue it (subject to subsection (4)). (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.
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