Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 2 — Bulk acquisition warrants
(a)
(b)
(12)
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it is not reasonably practicable for the instrument to be signed by the
Secretary of State, and
the Secretary of State has personally and expressly authorised the
making of the modification.
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.
Approval of major modifications by Judicial Commissioners
(1)
In deciding whether to approve a decision to make a major modification of a
bulk acquisition 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 164, 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 164, the Secretary of State may ask the Investigatory Powers
Commissioner to decide whether to approve the decision to make the
modification.
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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 acquisition
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
(b) notify the Secretary of State of the Judicial Commissioner’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the modification was made.
(4)
If the Judicial Commissioner refuses to approve the decision to make the
modification—
(a) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and