Investigatory Powers Act 2016 (c. 25)
Part 4 — Retention of communications data
(b)
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(if later) at the time or times specified in the notice of variation.
(4)
A retention notice may not be varied so as to require the retention of additional
relevant communications data unless—
(a) the Secretary of State considers that the requirement is necessary and
proportionate for one or more of the purposes falling within
paragraphs (a) to (j) of section 61(7), and
(b) subject to subsection (6), the decision to vary the notice has been
approved by a Judicial Commissioner.
(5)
The fact that additional relevant communications data which would be
retained under a retention notice as varied relates to the activities in the British
Islands of a trade union is not, of itself, sufficient to establish that the
requirement to retain the data is necessary for one or more of the purposes
falling within paragraphs (a) to (j) of section 61(7).
(6)
Subsection (4)(b) does not apply to a variation to which section 90(11) applies.
(7)
Section 87(2) and (5) apply in relation to a retention notice as varied as they
apply in relation to a retention notice, but as if the references to the notice
coming into force included references to the variation coming into force.
(8)
Sections 87(3), (4) and (8), 95 and 97, and subsections (1), (4), (13) and (16) of
this section, apply in relation to a retention notice as varied as they apply in
relation to a retention notice.
(9)
Section 88 applies in relation to the making of a variation as it applies in
relation to the giving of a retention notice (and, accordingly, the references to
the notice in section 88(1)(a) to (e) are to be read as references to the variation).
(10)
Section 89 applies in relation to a decision to vary to which subsection (4)(b)
above applies as it applies in relation to a decision to give a retention notice
(and, accordingly, the reference in subsection (1) of that section to the
requirement to be imposed by the notice is to be read as a reference to the
requirement to be imposed by the variation).
(11)
Section 90 applies (but only so far as the variation is concerned) in relation to a
retention notice as varied (other than one varied as mentioned in subsection
(10)(a) of that section) as it applies in relation to a retention notice.
(12)
Section 91 applies in relation to a decision under section 90(10) to vary or
confirm a variation as it applies in relation to a decision to vary or confirm a
retention notice (and, accordingly, the reference in subsection (1) of that section
to the requirement to be imposed by the notice as varied or confirmed is to be
read as a reference to the requirement to be imposed by the variation as varied
or confirmed).
(13)
The Secretary of State may revoke (whether wholly or in part) a retention
notice.
(14)
The Secretary of State must give or publish notice of the revocation in such
manner as the Secretary of State considers appropriate for bringing the
revocation to the attention of the operator (or description of operators) to
whom it relates.
(15)
A revocation comes into force—
(a) when notice of it is given or published in accordance with subsection
(14), or