Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
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(a)
a warrant issued under this Chapter is no longer necessary on any
relevant grounds, or
(b) the conduct authorised by the warrant is no longer proportionate to
what is sought to be achieved by that conduct,
the person must cancel the warrant.
(3)
In subsection (2)(a) “relevant grounds” means—
(a) in the case of a warrant issued by the Secretary of State, grounds falling
within section 20;
(b) in the case of a warrant issued by the Scottish Ministers, grounds falling
within section 21(4).
(4)
For the purpose of this section “the appropriate persons” are—
(a) in the case of a warrant issued by the Secretary of State, the Secretary of
State or a senior official acting on behalf of the Secretary of State;
(b) in the case of a warrant issued by the Scottish Ministers, a member of
the Scottish Government or a senior official acting on behalf of the
Scottish Ministers.
(5)
Where a warrant is cancelled under this section, the person to whom the
warrant was addressed must, so far as is reasonably practicable, secure that
anything in the process of being done under the warrant stops as soon as
possible.
(6)
A warrant that has been cancelled under this section may not be renewed.
(7)
In this section “senior official” means—
(a) in the case of a warrant issued by the Secretary of State, a member of the
Senior Civil Service or a member of the Senior Management Structure
of Her Majesty’s Diplomatic Service;
(b) in the case of a warrant issued by the Scottish Ministers, a member of
the staff of the Scottish Administration who is a member of the Senior
Civil Service.
(8)
See also section 40 (which imposes a duty to cancel mutual assistance warrants
in certain circumstances).
40
Special rules for certain mutual assistance warrants
(1)
For the purposes of this section a warrant is a “relevant mutual assistance
warrant” if—
(a) the warrant is for the purposes of a request for assistance made under
an EU mutual assistance instrument or an international mutual
assistance agreement by the competent authorities of a country or
territory outside the United Kingdom, and
(b) either—
(i) it appears that the interception subject is outside the United
Kingdom, or
(ii) the interception authorised or required by the warrant is to take
place in relation only to premises outside the United Kingdom.
(2)
The decision to issue a relevant mutual assistance warrant may be taken by a
senior official designated by the Secretary of State for that purpose.
(3)
In such a case, the warrant must contain—