Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
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(6)
The person who decided to issue the warrant may ask the Investigatory
Powers Commissioner to review a decision made by any other Judicial
Commissioner under subsection (3).
(7)
On a review under subsection (6), the Investigatory Powers Commissioner
may—
(a) confirm the Judicial Commissioner’s decision, or
(b) make a fresh determination.
(8)
Nothing in this section or section 24 affects the lawfulness of—
(a) anything done under the warrant before it ceases to have effect;
(b) if anything is in the process of being done under the warrant when it
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.
Additional safeguards
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Members of Parliament etc.
(1)
This section applies where—
(a) an application is made to the Secretary of State for the issue of a
targeted interception warrant or a targeted examination warrant, and
(b) the purpose of the warrant is—
(i) in the case of a targeted interception warrant, to authorise or
require the interception of communications sent by, or intended
for, a person who is a member of a relevant legislature, or
(ii) in the case of a targeted examination warrant, to authorise the
selection for examination of the content of such
communications.
(2)
The Secretary of State may not issue the warrant without the approval of the
Prime Minister.
(3)
In this section “member of a relevant legislature” means—
(a) a member of either House of Parliament;
(b) a member of the Scottish Parliament;
(c) a member of the National Assembly for Wales;
(d) a member of the Northern Ireland Assembly;
(e) a member of the European Parliament elected for the United Kingdom.
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Items subject to legal privilege
(1)
Subsections (2) to (5) apply if—
(a) an application is made by or on behalf of an intercepting authority for
a warrant under this Chapter, and
(b) the purpose, or one of the purposes, of the warrant is—
(i) in the case of a targeted interception warrant or mutual
assistance warrant, to authorise or require the interception of
items subject to legal privilege, or
(ii) in the case of a targeted examination warrant, to authorise the
selection of such items for examination.