Warrantry Targeted Examination warrants in Scotland
Under the IPA 2016, the Secretary of State may not issue an equipment interference warrant if the only grounds that the warrant is necessary is for the prevention and detection of serious crime and the warrant would authorise interference with equipment that is in Scotland at time of issue. Warrants of this nature are issued by Scottish Ministers in accordance with section 103(1)(b) and 103(2)(b). Section 102(4) states that targeted examination warrants may not be issued by the Secretary of State if the warrant relates to a person who would be in Scotland at the time of issue. As section 103 only permits Scottish Ministers to issue warrants where the purpose is for prevention and detection of serious crime, this creates a gap.
	A targeted examination warrant under section 102(3) that relates to equipment in Scotland, and which is necessary only for the purpose of the prevention and detection of serious crime, could be issued by the Scottish Ministers, but if the purpose was for national security, it could not legally be issued. The issue has been remedied through a partial commencement. Regulation 9 of The Investigatory Powers Act 2016 (Commencement No. 5 and Transitional and Saving Provisions) Regulations 2018 came into force on 27th June 2018. The Act corrects this by amending section 102 with the effect that the Secretary of State may issue a targeted examination equipment interference warrant for National Security purposes where it relates to someone who was in Scotland at the time of the issue of the warrant.