Investigatory Powers Act 2016

[F1 Duration, renewal and cancellation U.K.

Textual Amendments

F1 Pt. 7B inserted (14.10.2024 except for the insertion of ss. 226F, 226FA) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 5, 32(2); S.I. 2024/1021, reg. 2(e)

226H Duration of warrants U.K.

(1) A third party BPD warrant ceases to have effect at the end of the relevant period unless—

(a) it is renewed before the end of that period (see section 226HA), or

(b) it is cancelled or otherwise ceases to have effect before the end of that period (see sections 226GB and 226HB).

(2) In this section “the relevant period”—

(a) in the case of an urgent third party BPD warrant, means the period ending with the fifth working day after the day on which the warrant was issued, and

(b) in any other case, means the period of 12 months beginning with—

(i) the day on which the warrant was issued, or

(ii) in the case of a warrant that has been renewed, the day after the day at the end of which the warrant would have ceased to have effect if it had not been renewed.

(3) For the purposes of this section, a third party BPD warrant is an “urgent third party BPD warrant” if—

(a) the warrant was issued without the approval of a Judicial Commissioner, and

(b) the Secretary of State considered that there was an urgent need to issue it.

226HA Renewal of warrants U.K.

(1) If the renewal conditions are met, a third party BPD warrant may be renewed, at any time during the renewal period, by an instrument issued by the Secretary of State.

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be necessary on grounds falling within section 226G(4)(a),

(b) that the Secretary of State considers that the conduct that would be authorised by the renewed warrant continues to be proportionate to what is sought to be achieved by the conduct, and

(c) that the decision to renew the warrant has been approved by a Judicial Commissioner.

(3) In this section the “renewal period” means—

(a) in the case of an urgent third party BPD warrant which has not been renewed, the relevant period;

(b) in any other case, the period of 30 days ending with the day at the end of which the warrant would otherwise cease to have effect.

(4) The decision to renew a third party BPD warrant must be taken personally by the Secretary of State, and the instrument renewing the warrant must be signed by the Secretary of State.

(5) Section 226GA (approval of warrants by Judicial Commissioner) applies in relation to a decision to renew a warrant as it applies in relation to a decision to issue a warrant.

(6) In this section—

• “the relevant period” has the same meaning as in section 226H;

• “urgent third party BPD warrant” is to be read in accordance with subsection (3) of that section.

226HB Cancellation of warrants U.K.

(1) The Secretary of State, or a senior official acting on behalf of the Secretary of State, may cancel a third party BPD warrant at any time.

(2) If the Secretary of State, or a senior official acting on behalf of the Secretary of State, considers that any of the cancellation conditions are met in relation to a third party BPD warrant, the person must cancel the warrant.

(3) The cancellation conditions are—

(a) that the warrant is no longer necessary on any grounds falling within section 226G(4)(a);

(b) that the conduct authorised by the warrant is no longer proportionate to what is sought to be achieved by that conduct.

226HC Non-renewal or cancellation of third party BPD warrant U.K.

(1) This section applies where a third party BPD warrant ceases to have effect because it expires without having been renewed or because it is cancelled.

(2) The head of the intelligence service to whom the warrant was addressed must, so far as is reasonably practicable, secure that anything in the process of being done in reliance on the warrant stops as soon as possible.

(3) Nothing in this section affects the lawfulness of—

(a) anything done in reliance on the warrant before it ceases to have effect;

(b) if anything is in the process of being done in reliance on the warrant when it ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done that it is not reasonably practicable to stop.]