Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(14)
187
151
Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised 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 equipment interference warrant, a Judicial Commissioner must review
the Secretary of State’s conclusions as to the following matters—
(a) whether the modification is necessary on any of the grounds on which
the Secretary of State considers the warrant to be necessary, and
(b) in the case of a major modification adding or varying any description
of conduct authorised by the warrant, whether the conduct authorised
by the modification is proportionate to what is sought to be achieved
by that conduct.
(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 make a major
modification under section 186, 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 186, the Secretary of State may ask the Investigatory Powers
Commissioner to decide whether to approve the decision to make the
modification.
188
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 equipment
interference 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