Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
115
(b)
the Secretary of State considers that the warrant is necessary—
(i) in the interests of national security, or
(ii) on that ground and on any other grounds falling within
subsection (2),
(c) the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,
(d) the Secretary of State considers that—
(i) each of the specified operational purposes (see section 142) is a
purpose for which the examination of intercepted content or
secondary data obtained under the warrant is or may be
necessary, and
(ii) the examination of intercepted content or secondary data for
each such purpose is necessary on any of the grounds on which
the Secretary of State considers the warrant to be necessary,
(e) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 150 and 151 (safeguards relating to disclosure
etc.) are in force in relation to the warrant,
(f) in a case where the Secretary of State considers that a
telecommunications operator outside the United Kingdom is likely to
be required to provide assistance in giving effect to the warrant if it is
issued, the Secretary of State has complied with section 139, and
(g) the decision to issue the warrant has been approved by a Judicial
Commissioner.
For the meaning of “head of an intelligence service”, see section 263.
(2)
A warrant is necessary on grounds falling within this subsection if it is
necessary—
(a) for the purpose of preventing or detecting serious crime, or
(b) in the interests of the economic well-being of the United Kingdom so
far as those interests are also relevant to the interests of national
security (but see subsection (3)).
(3)
A warrant may be considered necessary on the ground falling within
subsection (2)(b) only if the information which it is considered necessary to
obtain is information relating to the acts or intentions of persons outside the
British Islands.
(4)
A warrant may not be considered necessary in the interests of national security
or on any other grounds falling within subsection (2) if it is considered
necessary only for the purpose of gathering evidence for use in any legal
proceedings.
(5)
An application for the issue of a bulk interception warrant may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.
139
(1)
Additional requirements in respect of warrants affecting overseas operators
This section applies where—
(a) an application for a bulk interception warrant has been made, and
(b) the Secretary of State considers that a telecommunications operator
outside the United Kingdom is likely to be required to provide
assistance in giving effect to the warrant if it is issued.