Part 5Equipment interference

Power to issue warrants

105Decision 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.