Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 2 — Bulk acquisition warrants
131
(7)
A bulk acquisition warrant also authorises the following conduct (in addition
to the conduct described in the warrant)—
(a) any conduct which it is necessary to undertake in order to do what is
expressly authorised or required by the warrant, and
(b) conduct by any person which is conduct in pursuance of a requirement
imposed by or on behalf of the person to whom the warrant is
addressed to be provided with assistance in giving effect to the
warrant.
(8)
A bulk acquisition warrant may relate to data whether or not in existence at the
time of the issuing of the warrant.
(9)
An application for the issue of a bulk acquisition warrant may only be made on
behalf of the head of an intelligence service by a person holding office under
the Crown.
159
Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a decision to issue a warrant under section 158,
a Judicial Commissioner must review the Secretary of State’s conclusions as to
the following matters—
(a) whether the warrant is necessary as mentioned in subsection (1)(a) of
that section,
(b) whether the conduct that would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct, and
(c) whether—
(i) each of the specified operational purposes (see section 161) is a
purpose for which the examination of communications data
obtained under the warrant is or may be necessary, and
(ii) the examination of such data for each such purpose is necessary
as mentioned in section 158(1)(c)(ii).
(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 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)
Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 158, 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 issue a warrant under section
158, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.
160
(1)
Decisions to issue warrants to be taken personally by Secretary of State
The decision to issue a bulk acquisition warrant must be taken personally by
the Secretary of State.