Part 2: Lawful interception of communications Chapter 1: Interception and examination with a warrant Section 21: Power of Scottish Ministers to issue warrants
This section provides that the Scottish Ministers may issue a warrant under this Chapter, on a relevant Scottish application (see section 22), where they consider that the warrant is necessary for the prevention or detection of serious crime, and proportionate to what is sought to be achieved. The decision of the Scottish Ministers to issue the warrant must also have been approved by a Judicial Commissioner. The same limits regarding gathering evidence for legal proceedings and trade union activity apply as for warrants issued by the Secretary of State.