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Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(4)
In this section—
“the appropriate person” is—
(a) in a case falling within subsection (1), a designated senior
official, and
(b) in a case falling within subsection (2), a Judicial Commissioner,
“designated senior official” means a senior official who has been
designated by the Secretary of State or (in the case of warrants issued
by the Scottish Ministers) the Scottish Ministers for the purposes of this
section, and
“senior official” has the same meaning as in section 35.
(5)
The appropriate person must, before the end of the relevant period—
(a) decide whether to approve the decision to make the modification, and
(b) notify the person of the appropriate person’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the modification was made.
(6)
As soon as is reasonably practicable after a designated senior official makes a
decision under subsection (5)—
(a) a Judicial Commissioner must be notified of—
(i) the decision, and
(ii) if the senior official has decided to approve the decision to make
the modification, the modification in question, and
(b) the Secretary of State or (in the case of a warrant issued by the Scottish
Ministers) a member of the Scottish Government must be notified
personally of the matters mentioned in paragraph (a)(i) and (ii).
(7)
If the appropriate person refuses to approve the decision to make the
modification—
(a) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and
(b) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
done under the warrant by virtue of that modification stops as soon as
possible,
and, in a case falling within subsection (2) above, section 23(5) does not apply
in relation to the refusal to approve the decision.
(8)
Nothing in this section affects the lawfulness of—
(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect;
(b) if anything is in the process of being done under 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.
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Cancellation of warrants
(1)
Any of the appropriate persons may cancel a warrant issued under this
Chapter at any time.
(2)
If any of the appropriate persons considers that—