Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 1 — Miscellaneous
257
211
Review of notices by the Secretary of State
(1)
A person who is given a notice under section 252 or 253 may, within such
period or circumstances as may be provided for by regulations made by the
Secretary of State, refer the notice back to the Secretary of State.
(2)
Such a reference may be in relation to the whole of a notice or any aspect of it.
(3)
There is no requirement for a person who has referred a notice under
subsection (1) to comply with the notice, so far as referred, until the Secretary
of State has reviewed the notice in accordance with subsection (4).
(4)
The Secretary of State must review any notice so far as referred to the Secretary
of State under subsection (1).
(5)
Before deciding the review, the Secretary of State must consult—
(a) the Technical Advisory Board, and
(b) a Judicial Commissioner.
(6)
The Board must consider the technical requirements and the financial
consequences, for the person who has made the reference, of the notice so far
as referred.
(7)
The Commissioner must consider whether the notice so far as referred is
proportionate.
(8)
The Board and the Commissioner must—
(a) give the person concerned and the Secretary of State the opportunity to
provide evidence, or make representations, to them before reaching
their conclusions, and
(b) report their conclusions to—
(i) the person, and
(ii) the Secretary of State.
(9)
The Secretary of State may, after considering the conclusions of the Board and
the Commissioner—
(a) vary or revoke the notice under section 256, or
(b) give a notice under this section to the person confirming its effect.
(10)
But the Secretary of State may vary the notice, or give a notice under subsection
(9)(b) confirming its effect, only if the Secretary of State’s decision to do so has
been approved by the Investigatory Powers Commissioner.
(11)
Subsections (5) to (8) of section 255 apply in relation to a notice under
subsection (9)(b) above as they apply in relation to a notice under section 252
or 253.
(12)
Any reference in this section or section 258 to a notice under section 252 or 253
includes such a notice as varied under section 256, but only so far as the
variation is concerned.
But it does not include a notice varied as mentioned in subsection (9)(a) above.
258
(1)
Approval of notices following review under section 257
In this section “relevant notice” means—
(a) a national security notice under section 252, or
(b) a technical capability notice under section 253.