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Investigatory Powers Act 2016 (c. 25)
Schedule 8 — Combination of warrants and authorisations
Part 4 — Combined warrants: supplementary provision
(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.
22
(1) A combined warrant under Part 2 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
equipment interference warrant addressed to that person (see Part 5 of this
Act).
(2) In sub-paragraph (1) “procedural rules” has the same meaning as in
paragraph 21(1).
(3) But if a combined warrant under paragraph 8 or 10 includes a warrant which
the person issuing the combined warrant has power to issue under section 5
of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement
(arising from sub-paragraph (1) above) for the involvement of Judicial
Commissioners in the decision whether to issue or renew the combined
warrant does not apply in relation to the part of the combined warrant
consisting of the section 5 warrant.
23
(1) A combined warrant under Part 3 of this Schedule addressed to any person
may only be issued, renewed or cancelled in accordance with the procedural
rules that would apply to the issue, renewal or cancellation of a targeted
examination warrant under section 19(2) addressed to that person (see
Chapter 1 of Part 2 of this Act).
(2) In sub-paragraph (1) “procedural rules” has the same meaning as in
paragraph 21(1).
24
(1) In consequence of paragraphs 21 and 22, the following provisions of the
Police Act 1997 do not apply in relation to an authorisation under section 93
of that Act which is included in a combined warrant—
(a) section 96 (notification of authorisations to Judicial Commissioner);
(b) section 97 (authorisations requiring approval);
(c) section 103(1), (2) and (4) (power to quash or cancel authorisations);
(d) section 104 (appeals to Investigatory Powers Commissioner).
(2) Section 103(6) of that Act applies where a combined warrant containing an
authorisation under section 93 of that Act is cancelled as it applies where
such an authorisation is cancelled under section 103(4) of that Act.
25
In consequence of paragraphs 21 and 22, the following provisions of the
Regulation of Investigatory Powers Act 2000 do not apply in relation to an
authorisation under section 32 of that Act which is included in a combined
warrant—
(a) section 35 (notification of authorisations to Judicial Commissioner);
(b) section 36 (approval required for authorisations to take effect);
(c) section 37(2) to (4) (power to quash or cancel authorisations);
(d) section 38 (appeals to Investigatory Powers Commissioner).
26
In consequence of paragraphs 21 and 22, the following provisions of the
Regulation of Investigatory Powers (Scotland) Act 2000 do not apply in
relation to an authorisation under section 10 of that Act which is included in
a combined warrant—
(a) section 13 (notification of authorisations to Judicial Commissioner);