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Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
(b)
(c)
the Secretary of State considers that the conduct required by the notice
as varied is proportionate to what is sought to be achieved by that
conduct, and
if the variation would impose further requirements on the person, the
decision to vary the notice has been approved by a Judicial
Commissioner (but see subsection (6)).
(5)
The Secretary of State may vary a technical capability notice given to a person
only if—
(a) the Secretary of State considers that the variation is necessary for
securing that the person has the capability to provide any assistance
which the person may be required to provide in relation to any relevant
authorisation (within the meaning of section 253),
(b) the Secretary of State considers that the conduct required by the notice
as varied is proportionate to what is sought to be achieved by that
conduct, and
(c) if the variation would impose further requirements on the person, the
decision to vary the notice has been approved by a Judicial
Commissioner (but see subsection (6)).
(6)
The condition in subsection (4)(c) or (as the case may be) subsection (5)(c) does
not apply in the case of a variation to which section 257(10) applies.
(7)
If the Secretary of State varies or revokes a relevant notice given to any person,
the Secretary of State must give that person notice of the variation or
revocation.
(8)
Section 254 (approval of notices by Judicial Commissioners) applies in relation
to a decision to vary a relevant notice (other than a decision to which section
257(10) applies) as it applies in relation to a decision to give a relevant notice,
but as if—
(a) the reference in section 254(2)(a) to the notice were to the variation, and
(b) the reference in section 254(2)(b) to the notice were to the notice as
varied.
(9)
Subsections (2) to (4) and (7) of section 255 apply in relation to varying or
revoking a relevant notice as they apply in relation to giving a relevant notice
(and in the application of section 255(3) and (4) in relation to varying a relevant
notice, references to the notice are to be read as references to the notice as
varied).
(10)
Subsections (5) and (6) of section 255 apply to any notice of the variation or
revocation of a relevant notice as they apply to a relevant notice.
(11)
The fact that a relevant notice has been revoked in relation to a particular
person (or description of persons) does not prevent the giving of another
relevant notice of the same kind in relation to the same person (or description
of persons).
(12)
Any reference in this section or section 255(8) to (12) to a notice given under
section 252 or 253 includes a reference to such a notice as varied under this
section.