S.L. 460.42 Art. 8Derogations from EMFA Article 4(4) and (5).    Cap. 391.

(1) The provisions of paragraphs (a), (b) and (c) of article 7 may be derogated subject to the conditions provided in Article

4(4) and (5) respectively of the EMFA.

(2) Where by way of derogation from the provisions of paragraphs (a), (b) and (c) of article 7, an interception or an interference is carried out as provided in article 6(2) of the Security

Service Act, the warrant authorising or approving such interception or interference shall, after being obtained in accordance with the Security Service Act be immediately reviewed by the person holding the office of Commissioner in accordance with article 12 of the Security Service Act and the said warrant shall not be executed and shall have no effect if in the said review the Commissioner finds a lack of a sufficient legal and factual basis to reasonably justify the execution thereof.

(3) The prior authorisation provided for in Article 4(4)(d) of the EMFA shall be obtained in accordance with the said procedure provided in sub-article (2) and the provisions of the said sub-article shall apply mutatis mutandis to the said prior authorisation.