Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
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done in reliance on the warrant by virtue of that modification stops as
soon as possible,
and section 216(4) does not apply in relation to the refusal to approve the
decision.
(5)
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Nothing in this section affects the lawfulness of—
(a) anything done in reliance on the warrant by virtue of the modification
before the modification ceases to have effect;
(b) if anything is in the process of being done in reliance on the warrant by
virtue of the modification when the modification ceases to have effect—
(i) anything done before that thing could be stopped, or
(ii) anything done which it is not reasonably practicable to stop.
Cancellation of warrants
(1)
The Secretary of State, or a senior official acting on behalf of the Secretary of
State, may cancel a class BPD warrant or a specific BPD warrant at any time.
(2)
If the Secretary of State, or a senior official acting on behalf of the Secretary of
State, considers that any of the cancellation conditions are met in relation to a
class BPD warrant or a specific BPD warrant, the person must cancel the
warrant.
(3)
The cancellation conditions are—
(a) that the warrant is no longer necessary on any grounds falling within
section 204(3)(a) or (as the case may be) section 205(6)(a);
(b) that the conduct authorised by the warrant is no longer proportionate
to what is sought to be achieved by that conduct;
(c) where the warrant authorises examination of bulk personal datasets of
a class described in the warrant or (as the case may be) of a bulk
personal dataset described in the warrant, that the examination of bulk
personal datasets of that class or (as the case may be) of the bulk
personal dataset is no longer necessary for any of the specified
operational purposes (see section 212).
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Non-renewal or cancellation of BPD warrants
(1)
This section applies where a class BPD warrant or a specific BPD warrant
ceases to have effect because it expires without having been renewed or
because it is cancelled.
(2)
The head of the intelligence service to whom the warrant was addressed may,
before the end of the period of 5 working days beginning with the day on
which the warrant ceases to have effect—
(a) apply for—
(i) a specific BPD warrant authorising the retention, or the
retention and examination, of the whole or any part of the
material retained by the intelligence service in reliance on the
warrant which has ceased to have effect;
(ii) a class BPD warrant authorising the retention or (as the case
may be) the retention and examination of bulk personal
datasets of a class that is described in a way that would
authorise the retention or (as the case may be) the retention and
examination of the whole or any part of such material, or