Part 5: Equipment interference Section 105: Decision to issue warrants under sections 102 to 104 be taken personally by Ministers
Subsection (1) requires the decision to issue a warrant under sections 102, 103 or 104 to be taken personally by the Secretary of State or a member of the Scottish Government. Subsection (3) requires the warrant to be signed by the person who has taken the decision to issue the warrant. Where that is not reasonably practicable, the warrant may be signed by a senior official designated by a Secretary of State or member of the Scottish Government but the Secretary of State or member of the Scottish Government must personally and expressly authorise the issuing of the warrant. Wherever the Act refers to "a member of the Scottish Government" this is a reference to one of the Scottish Ministers. It does not refer to an official or any other person.