An inquest into Moat's death heard the weapon used was a prototype and not yet officially sanctioned for use.
It had been claimed the use of the experimental Taser was at the discretion of individual forces.
But it has now emerged that the Home Office had not issued a license under which these weapons could be provided to police".
It is understood Home Office minister James Brokenshire will send a letter to the Home Affairs Committee and Shadow Home Secretary Alan Johnson.
Sky News political correspondent Niall Paterson said the letter would concede that the distribution of the shotgun Taser was in breach of the Act.
"This is potentially very, very serious indeed," he said.
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