Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
179
145
Approval of warrants by Judicial Commissioners
(1)
In deciding whether to approve a decision to issue a warrant under section 178,
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)(b) 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 183) is a
purpose for which the examination of material obtained under
the warrant is or may be necessary, and
(ii) the examination of such material for each such purpose is
necessary as mentioned in section 178(1)(d)(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 178, 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
178, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.
180
Approval of warrants issued in urgent cases
(1)
This section applies where—
(a) a warrant under section 178 is issued without the approval of a Judicial
Commissioner, and
(b) the Secretary of State considered that there was an urgent need to issue
it.
(2)
The Secretary of State must inform a Judicial Commissioner that it has been
issued.
(3)
The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to issue the warrant, 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 warrant was issued.
(4)
If a Judicial Commissioner refuses to approve the decision to issue a warrant,
the warrant—
(a) ceases to have effect (unless already cancelled), and
(b) may not be renewed,