120
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 1 — Bulk interception warrants
(10)
If it is not reasonably practicable for an instrument making a major
modification to be signed by the Secretary of State, the instrument may be
signed by a senior official designated by the Secretary of State for that purpose.
(11)
In such a case, the instrument making the modification must contain a
statement that—
(a) it is not reasonably practicable for the instrument to be signed by the
Secretary of State, and
(b) the Secretary of State has personally and expressly authorised the
making of the modification.
(12)
Despite section 136(2), the modification of a bulk interception warrant as
mentioned in subsection (2)(b) above does not prevent the warrant from being
a bulk interception warrant.
(13)
Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised or required by
it.
146
Approval of major modifications by Judicial Commissioners
(1)
In deciding whether to approve a decision to make a major modification of a
bulk interception warrant, a Judicial Commissioner must review the Secretary
of State’s conclusions as to whether the modification is necessary on any of the
grounds on which the Secretary of State considers the warrant to be necessary.
(2)
In doing so, the Judicial Commissioner must—
(a) apply the same principles as would be applied by a court on an
application for judicial review, and
(b) consider the matter 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)
Where a Judicial Commissioner refuses to approve a decision to make a major
modification under section 145, the Judicial Commissioner must give the
Secretary of State written reasons for the refusal.
(4)
Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to make a major modification
under section 145, the Secretary of State may ask the Investigatory Powers
Commissioner to decide whether to approve the decision to make the
modification.
147
Approval of major modifications made in urgent cases
(1)
This section applies where—
(a) the Secretary of State makes a major modification of a bulk interception
warrant without the approval of a Judicial Commissioner, and
(b) the Secretary of State considered that there was an urgent need to make
the modification.
(2)
The Secretary of State must inform a Judicial Commissioner that the
modification has been made.
(3)
The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to make the modification, and