Investigatory Powers Act 2016 (c. 25)
Part 7 — Bulk personal dataset warrants
167
“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 specific
BPD warrant, the warrant—
(a) ceases to have effect (unless already cancelled), and
(b) may not be renewed,
and section 208(4) does not apply in relation to the refusal to approve the
decision.
(5)
Section 210 contains further provision about what happens if a Judicial
Commissioner refuses to approve a decision to issue a warrant.
210
Failure to approve specific BPD warrant issued in urgent case
(1)
This section applies where under section 209(3) a Judicial Commissioner
refuses to approve the decision to issue a warrant.
(2)
The head of the intelligence service to whom the warrant was addressed must,
so far as is reasonably practicable, secure that anything in the process of being
done in reliance on the warrant stops as soon as possible.
(3)
The Judicial Commissioner may—
(a) direct that the whole or part of a bulk personal dataset retained in
reliance on the warrant is destroyed;
(b) impose conditions as to the use or retention of the whole or part of any
such bulk personal dataset.
(4)
The Judicial Commissioner—
(a) may require an affected party to make representations about how the
Judicial Commissioner should exercise any function under subsection
(3), and
(b) must have regard to any such representations made by an affected
party (whether or not as a result of a requirement imposed under
paragraph (a)).
(5)
Each of the following is an “affected party” for the purposes of subsection (4)—
(a) the Secretary of State;
(b) the head of the intelligence service to whom the warrant was
addressed.
(6)
The Secretary of State may ask the Investigatory Powers Commissioner to
review a decision made by any other Judicial Commissioner under subsection
(3).
(7)
On a review under subsection (6), the Investigatory Powers Commissioner
may—
(a) confirm the Judicial Commissioner’s decision, or
(b) make a fresh determination.
(8)
An intelligence service is not to be regarded as in breach of section 200(1) or (2)
where it retains or (as the case may be) examines a bulk personal dataset in
accordance with conditions imposed under subsection (3)(b).
(9)
Nothing in this section or section 209 affects the lawfulness of—
(a) anything done in reliance on the warrant before it ceases to have effect;