Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
(i)
(ii)
145
119
paragraph (a) of subsection (1) were omitted, and
the reference in subsection (1)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary were a
reference to any grounds falling within section 138(1)(b) or (2).
Modification of warrants
(1)
The provisions of a bulk interception warrant may be modified at any time by
an instrument issued by the person making the modification.
(2)
The only modifications that may be made under this section are—
(a) adding, varying or removing any operational purpose specified in the
warrant as a purpose for which any intercepted content or secondary
data obtained under the warrant may be selected for examination, and
(b) providing that the warrant no longer authorises or requires (to the
extent that it did so previously)—
(i) the interception of any communications in the course of their
transmission by means of a telecommunication system, or
(ii) the obtaining of any secondary data from communications
transmitted by means of such a system.
(3)
In this section—
(a) a modification adding or varying any operational purpose as
mentioned in paragraph (a) of subsection (2) is referred to as a “major
modification”, and
(b) any other modification within that subsection is referred to as a “minor
modification”.
(4)
A major modification—
(a) must be made by the Secretary of State, and
(b) may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 138(1)(b)).
(5)
Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.
(6)
A minor modification may be made by—
(a) the Secretary of State, or
(b) a senior official acting on behalf of the Secretary of State.
(7)
Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.
(8)
If at any time a person mentioned in subsection (6) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of intercepted content or secondary data obtained under the
warrant is or may be necessary, the person must modify the warrant by
removing that operational purpose.
(9)
The decision to modify the provisions of a warrant must be taken personally
by the person making the modification, and the instrument making the
modification must be signed by that person.
This is subject to subsection (10).