Part 2: Lawful interception of communications Chapter 1: Interception and examination with a warrant Section 19: Power of Secretary of State to issue warrants
This section sets out the circumstances in which the Secretary of State has power to issue a Part 2 warrant. Subsections (1), (2) and (3) require that the Secretary of State considers that the targeted interception, mutual assistance or examination warrant is necessary (for the purposes set out in section 20) and proportionate to what is sought to be achieved. The decision of the Secretary of State to issue the warrant must then be approved by a Judicial Commissioner before the warrant can be issued.
	Subsection (4) makes clear that the Secretary of State may not issue a warrant under this section if it relates to serious crime activity in Scotland. In such circumstances the warrant will be issued by the Scottish Ministers (see section 21).