Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
215
171
Modification of warrants
(1)
The provisions of a class BPD warrant or a specific BPD warrant may be
modified at any time by an instrument issued by the person making the
modification.
(2)
The only modifications which may be made under this section are—
(a) in the case of a class BPD warrant, adding, varying or removing any
operational purpose specified in the warrant as a purpose for which
bulk personal datasets of a class described in the warrant may be
examined;
(b) in the case of a specific BPD warrant, adding, varying or removing any
operational purpose specified in the warrant as a purpose for which the
bulk personal dataset described in the warrant may be examined.
(3)
In this section—
(a) a modification adding or varying any operational purpose is referred to
as a “major modification”, and
(b) a modification removing any operational purpose is referred to as a
“minor modification”.
(4)
A major modification—
(a) must be made by the Secretary of State, and
(b) may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 204(3)(a) or (as the case may be)
section 205(6)(a)).
(5)
Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.
(6)
A minor modification may be made by—
(a) the Secretary of State, or
(b) a senior official acting on behalf of the Secretary of State.
(7)
Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.
(8)
If at any time a person mentioned in subsection (6) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of any bulk personal datasets to which the warrant relates is or
may be necessary, the person must modify the warrant by removing that
operational purpose.
(9)
The decision to modify the provisions of a class BPD warrant or a specific BPD
warrant must be taken personally by the person making the modification, and
the instrument making the modification must be signed by that person.
This is subject to subsection (10).
(10)
If it is not reasonably practicable for an instrument making a major
modification to be signed by the Secretary of State, the instrument may be
signed by a senior official designated by the Secretary of State for that purpose.
(11)
In such a case, the instrument making the modification must contain a
statement that—