96
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(2)
The renewal conditions are—
(a) that the appropriate person considers that the warrant continues to be
necessary on any relevant grounds,
(b) that the appropriate person considers that the conduct that would be
authorised by the renewed warrant continues to be proportionate to
what is sought to be achieved by that conduct,
(c) that, in the case of a targeted examination warrant, the appropriate
person considers that the warrant continues to be necessary to
authorise the selection of protected material for examination in breach
of the prohibition in section 193(4), and
(d) that the decision to renew the warrant has been approved by a Judicial
Commissioner.
(3)
The appropriate person is—
(a) in the case of a warrant issued under section 102 or 104, the Secretary of
State;
(b) in the case of a warrant issued under section 103, a member of the
Scottish Government;
(c) in the case of a warrant issued under section 106 by a law enforcement
chief or by an appropriate delegate in relation to the law enforcement
chief, either—
(i) the law enforcement chief, or
(ii) if the warrant was issued by an appropriate delegate, that
person.
(4)
In subsection (2)(a), “relevant grounds” means—
(a) in the case of a warrant issued under section 102, grounds falling within
section 102(5),
(b) in the case of a warrant issued under section 103, the purpose of
preventing or detecting serious crime,
(c) in the case of a warrant issued under section 104, the interests of
national security,
(d) in the case of a warrant issued under section 106(1), the purpose
mentioned in section 106(1)(a), or
(e) in the case of a warrant issued under section 106(3), the purpose
mentioned in section 106(3)(a).
(5)
“The renewal period” means—
(a) in the case of an urgent warrant which has not been renewed, the
relevant period;
(b) in any other case, the period of 30 days ending with the day at the end
of which the warrant would otherwise cease to have effect.
(6)
The decision to renew a warrant issued under section 102 or 104 must be taken
personally by the Secretary of State, and the instrument renewing the warrant
must be signed by the Secretary of State.
(7)
The decision to renew a warrant issued under section 103 must be taken
personally by a member of the Scottish Government, and the instrument
renewing the warrant must be signed by the person who took that decision.
(8)
The instrument renewing a warrant issued under section 106 must be signed
by the person who renews it.