Investigatory Powers Act 2016 (c. 25)
Part 3 — Authorisations for obtaining communications data
75
61
Judicial approval for local authority authorisations
(1)
This section applies to an authorisation granted by a designated senior officer
of a local authority other than an authorisation to which section 77 applies.
(2)
The authorisation is not to take effect until such time (if any) as the relevant
judicial authority has made an order under this section approving it.
(3)
The local authority may apply to the relevant judicial authority for an order
under this section approving the authorisation.
(4)
The local authority is not required to give notice of the application to—
(a) any person to whom the authorisation relates, or
(b) that person’s legal representatives.
(5)
The relevant judicial authority may approve the authorisation if, and only if,
the relevant judicial authority considers that—
(a) at the time of the grant, there were reasonable grounds for considering
that the requirements of this Part were satisfied in relation to the
authorisation, and
(b) at the time when the relevant judicial authority is considering the
matter, there are reasonable grounds for considering that the
requirements of this Part would be satisfied if an equivalent new
authorisation were granted at that time.
(6)
Where, on an application under this section, the relevant judicial authority
refuses to approve the grant of the authorisation, the relevant judicial authority
may make an order quashing the authorisation.
(7)
In this section “the relevant judicial authority” means—
(a) in relation to England and Wales, a justice of the peace,
(b) in relation to Scotland, a sheriff, and
(c) in relation to Northern Ireland, a district judge (magistrates’ courts) in
Northern Ireland.
(8)
See also sections 77A and 77B of the Regulation of Investigatory Powers Act
2000 (procedure for orders under this section of a sheriff in Scotland or a
district judge (magistrates’ courts) in Northern Ireland).
Additional protections
76
Use of a single point of contact
(1)
Before granting an authorisation, the designated senior officer must consult a
person who is acting as a single point of contact in relation to the granting of
authorisations.
(2)
But, if the designated senior officer considers that there are exceptional
circumstances which mean that subsection (1) should not apply in a particular
case, that subsection does not apply in that case.
(3)
Examples of exceptional circumstances include—
(a) an imminent threat to life or another emergency, or
(b) the interests of national security.
(4)
A person is acting as a single point of contact if that person—