Investigatory Powers Act 2016

65 Duration and cancellation of authorisations and notices U.K.

(1) An authorisation [F1 under section 60A or 61] ceases to have effect at the end of the period of one month beginning with the date on which it is granted.

(2) An authorisation [F2 under section 60A or 61] may be renewed at any time before the end of that period by the grant of a further authorisation.

(3) Subsection (1) has effect in relation to a renewed authorisation as if the period of one month mentioned in that subsection did not begin until the end of the period of one month applicable to the authorisation that is current at the time of the renewal.

[F3 (3A) An authorisation under section 61A ceases to have effect at the end of the period of 3 days beginning with the date on which it is granted.]

[F4 (3B) Where the Investigatory Powers Commissioner has granted an authorisation under section 60A to a relevant public authority—

(a) the Investigatory Powers Commissioner or an officer of the authority may cancel it at any time, and

(b) the Investigatory Powers Commissioner or an officer of the authority must cancel it if the Commissioner or (as the case may be) the officer considers that the requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation.]

(4) A designated senior officer who has granted an authorisation [F5 under section 61 or 61A]—

(a) may cancel it at any time, and

(b) must cancel it if the designated senior officer considers that the requirements of this Part would not be satisfied in relation to granting an equivalent new authorisation.

(5) The Secretary of State may by regulations provide for the person by whom any function under subsection (4) is to be exercised where the person who would otherwise have exercised it is no longer available to do so.

(6) Such regulations may, in particular, provide for the person by whom the function is to be exercised to be a person appointed in accordance with the regulations.

(7) A notice given in pursuance of an authorisation (and any requirement imposed by the notice)—

(a) is not affected by the authorisation subsequently ceasing to have effect under subsection (1) [F6 or (3A)], but

(b) is cancelled if the authorisation is cancelled under [F7 subsection (3B) or (4)].

Textual Amendments

F1 Words in s. 65(1) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(2) (see S.I. 2019/174, reg. 2(c))

F2 Words in s. 65(2) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(3) (see S.I. 2019/174, reg. 2(c))

F3 S. 65(3A) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(4) (see S.I. 2019/174, reg. 2(c))

F4 S. 65(3B) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(5) (see S.I. 2019/174, reg. 2(c))

F5 Words in s. 65(4) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(6) (see S.I. 2019/174, reg. 2(c))

F6 Words in s. 65(7)(a) inserted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(7)(a) (see S.I. 2019/174, reg. 2(c))

F7 Words in s. 65(7)(b) substituted (5.2.2019) by The Data Retention and Acquisition Regulations 2018 (S.I. 2018/1123), reg. 1(4)(d)(5), Sch. 1 para. 6(7)(b) (see S.I. 2019/174, reg. 2(c))

Commencement Information

I1 S. 65 in force at 5.2.2019 by S.I. 2019/174, reg. 2(d)