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Investigatory Powers Act 2016

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Changes over time for: Cross Heading: Requirement for authorisation

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Changes to legislation:

Investigatory Powers Act 2016, Cross Heading: Requirement for authorisation is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 7 Crossheading Requirement-for-warrant:

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Requirement for [F1authorisation] U.K.

Textual Amendments

200Requirement for authorisation F2...: generalU.K.

(1)An intelligence service may not exercise a power to retain a bulk personal dataset unless the retention of the dataset is authorised

[F3(a)] by a warrant under this Part [F4, or

(b)by an individual authorisation under Part 7A (low or no reasonable expectation of privacy) (see section 226B).]

(2)An intelligence service may not exercise a power to examine a bulk personal dataset retained by it unless the examination is authorised

[F5(a)]by a warrant under this Part [F6, or

(b)by an individual authorisation under Part 7A.]

(3)For the purposes of this Part, there are two kinds of warrant—

(a)a warrant, referred to in this Part as “a class BPD warrant”, authorising an intelligence service to retain, or to retain and examine, any bulk personal dataset of a class described in the warrant;

(b)a warrant, referred to in this Part as “a specific BPD warrant”, authorising an intelligence service to retain, or to retain and examine, any bulk personal dataset described in the warrant.

(4)Section 201 sets out exceptions to the restrictions imposed by subsections (1) and (2) of this section.

Textual Amendments

F2Words in s. 200 heading omitted (14.10.2024) by virtue of Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(c), 32(2); S.I. 2024/1021, reg. 2(a)

F3Words in s. 200(1) renumbered as s. 200(1)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(a)(i), 32(2); S.I. 2024/1021, reg. 2(a)

F5Words in s. 200(2) renumbered as s. 200(2)(a) (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 1(4)(b)(i), 32(2); S.I. 2024/1021, reg. 2(a)

Commencement Information

I1S. 200(1)(2)(4) in force at 22.8.2018 by S.I. 2018/873, reg. 3(c)

I2S. 200(3) in force at 25.7.2018 by S.I. 2018/873, reg. 2(j) (with reg. 8)

201Exceptions to section 200(1) and (2)U.K.

(1)Section 200(1) or (2) does not apply to the exercise of a power of an intelligence service to retain or (as the case may be) examine a bulk personal dataset if the intelligence service obtained the bulk personal dataset under a warrant or other authorisation issued or given under this Act.

(2)Section 200(1) or (2) does not apply at any time when a bulk personal dataset is being retained or (as the case may be) examined for the purpose of enabling any of the information contained in it to be destroyed.

(3)Sections 210(8), 219(8) [F7, 220(5) and (6) and 226CC(3)] provide for other exceptions to section 200(1) or (2) (in connection with cases where a Judicial Commissioner refuses to approve a specific BPD warrant, the non-renewal or cancellation of BPD warrants [F8or authorisations under Part 7A] and initial examinations).

Textual Amendments

Commencement Information

I3S. 201 in force at 22.8.2018 by S.I. 2018/873, reg. 3(c) (with reg. 9)

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