Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(b)
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consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
privacy).
(3)
In subsection (1)(a), “relevant grounds” means—
(a) in the case of a decision to issue a warrant under section 102, grounds
falling within section 102(5);
(b) in the case of a decision to issue a warrant under section 103, the
purpose of preventing or detecting serious crime;
(c) in the case of a decision to issue a warrant under section 104, the
interests of national security;
(d) in the case of a decision to issue a warrant under section 106(1), the
purpose mentioned in section 106(1)(a);
(e) in the case of a decision to issue a warrant under section 106(3), the
purpose mentioned in section 106(3)(a).
(4)
Where a Judicial Commissioner refuses to approve a person’s decision to issue
a warrant under this Part, the Judicial Commissioner must give the person
written reasons for the refusal.
(5)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a person’s decision to issue a warrant under
this Part, the person may ask the Investigatory Powers Commissioner to decide
whether to approve the decision to issue the warrant.
109
Approval of warrants issued in urgent cases
(1)
This section applies where—
(a) a warrant under this Part is issued without the approval of a Judicial
Commissioner, and
(b) the person who issued the warrant considered that there was an urgent
need to issue it.
(2)
The person who issued the warrant must inform a Judicial Commissioner that
it has been issued.
(3)
The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to issue the warrant, and
(b) notify the person of the Judicial Commissioner’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the warrant was issued.
(4)
If a Judicial Commissioner refuses to approve the decision to issue a warrant,
the warrant—
(a) ceases to have effect (unless already cancelled), and
(b) may not be renewed,
and section 108(5) does not apply in relation to the refusal to approve the
decision.
(5)
Section 110 contains further provision about what happens if a Judicial
Commissioner refuses to approve the decision to issue a warrant.