The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999

Interception of Communications Act 1985 (c. 56)

6.—(1) The Interception of Communications Act 1985 is amended as follows.

(2) In section 1 (prohibition on interception)–

(a)in subsection (2)(a), after “Secretary of State”, there is inserted “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”; and

(b)in subsection (3)(b), after “Secretary of State”, there is inserted “or the Scottish Ministers (or by virtue of provision made under section 63 of the Scotland Act 1998)”.

(3) In section 4 (issue and duration of warrants)–

(a)in subsection (1)–

(i)in paragraph (a), after “Secretary of State”, there is inserted “or, in the case of a warrant issued by the Scottish Ministers by virtue of provision made under section 63 of the Scotland Act 1998) a member of the Scottish Executive”; and

(ii)after paragraph (b), there is inserted the following:–

“or

(c)in an urgent case where (by virtue of provision made under section 63 of the Scotland Act 1998) the Scottish Ministers have expressly authorised its issue and a statement of that fact is endorsed thereon, under the hand of a member of the staff of the Scottish Administration who is in the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.”;

(b)in subsection (5), after “Secretary of State”, there is inserted “or, in a case of a warrant issued by them by virtue of provision made under section 63 of the Scotland Act 1998, the Scottish Ministers”.

(4) In section 5 (modification of warrants etc.)–

(a)after subsection (4) there is inserted the following subsection:–

“(4A) A warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) shall not be modified under subsection (1)(a) above except by an instrument under the hand of a member of the Scottish Executive or, in an urgent case–

(a)under the hand of a person holding office under the Crown who is expressly authorised by the warrant to modify it on behalf of the Scottish Ministers; or

(b)where the Scottish Ministers have expressly authorised the modification and a statement of that fact is endorsed on the instrument, under the hand of a member of the staff of the Scottish Administration who is in the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.”; and

(b)in subsection (5), after “subsection (4)(a) or (b)”, there is inserted “or (4A)(a) or (b)”.

(5) In section 7 (the Tribunal)–

(a)in subsection (4)(b), after “Minister”, there is inserted “and, where the relevant warrant had been issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), to the First Minister”; and

(b)in subsection (5)(c), after “Secretary of State”, there is inserted “or, where the relevant warrant had been issued by them (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers”.

(6) In section 8 (the Commissioner)–

(a)in subsection (5), after “Prime Minister”, there is inserted “and, where the report relates to any warrant issued or any arrangements made by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), to the First Minister”;

(b)after subsection (7), there is inserted the following subsection:–

“(7A) The Prime Minister shall also send a copy of every annual report together with a copy of the statement referred to in subsection (7) which he says in terms of that subsection to the First Minister who shall forthwith lay that copy report and statement before the Scottish Parliament.”; and

(c)in subsection (8), after “Commissioner”, there is inserted “and, if it appears relevant to do so, with the First Minister”.