Investigatory Powers Act 2016

Valid from 30/12/2016

Valid from 31/05/2018

Rules about issue etc. applying in relation to combined warrants U.K.

21 (1) A combined warrant under Part 1 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted interception warrant addressed to that person (see Chapter 1 of Part 2 of this Act). U.K.

(2) In sub-paragraph (1) “procedural rules”, in relation to a warrant, means the law about any of the following matters—

(a) the involvement of Judicial Commissioners in decisions;

(b) the delegation of decisions;

(c) the signing of warrants;

(d) urgent cases.

(3) But if a combined warrant under paragraph 1 or 4 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement (arising from sub-paragraph (1) above) for the involvement of Judicial Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant.

22 (1) A combined warrant under Part 2 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted equipment interference warrant addressed to that person (see Part 5 of this Act). U.K.

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in paragraph 21(1).

(3) But if a combined warrant under paragraph 8 or 10 includes a warrant which the person issuing the combined warrant has power to issue under section 5 of the Intelligence Services Act 1994 (a “section 5 warrant”), any requirement (arising from sub-paragraph (1) above) for the involvement of Judicial Commissioners in the decision whether to issue or renew the combined warrant does not apply in relation to the part of the combined warrant consisting of the section 5 warrant.

23 (1) A combined warrant under Part 3 of this Schedule addressed to any person may only be issued, renewed or cancelled in accordance with the procedural rules that would apply to the issue, renewal or cancellation of a targeted examination warrant under section 19(2) addressed to that person (see Chapter 1 of Part 2 of this Act). U.K.

(2) In sub-paragraph (1) “procedural rules” has the same meaning as in paragraph 21(1).

Valid from 26/09/2018

24 (1) In consequence of paragraphs 21 and 22, the following provisions of the Police Act 1997 do not apply in relation to an authorisation under section 93 of that Act which is included in a combined warrant— U.K.

(a) section 96 (notification of authorisations to Judicial Commissioner);

(b) section 97 (authorisations requiring approval);

(c) section 103(1), (2) and (4) (power to quash or cancel authorisations);

(d) section 104 (appeals to Investigatory Powers Commissioner).

(2) Section 103(6) of that Act applies where a combined warrant containing an authorisation under section 93 of that Act is cancelled as it applies where such an authorisation is cancelled under section 103(4) of that Act.

Valid from 27/06/2018

25 U.K. In consequence of paragraphs 21 and 22, the following provisions of the Regulation of Investigatory Powers Act 2000 do not apply in relation to an authorisation under section 32 of that Act which is included in a combined warrant—

(a) section 35 (notification of authorisations to Judicial Commissioner);

(b) section 36 (approval required for authorisations to take effect);

(c) section 37(2) to (4) (power to quash or cancel authorisations);

(d) section 38 (appeals to Investigatory Powers Commissioner).

Valid from 26/09/2018

26 U.K. In consequence of paragraphs 21 and 22, the following provisions of the Regulation of Investigatory Powers (Scotland) Act 2000 do not apply in relation to an authorisation under section 10 of that Act which is included in a combined warrant—

(a) section 13 (notification of authorisations to Judicial Commissioner);

(b) section 14 (approval required for authorisations to take effect);

(c) section 15(1) to (3) (power to quash or cancel authorisations);

(d) section 16 (appeals to Investigatory Powers Commissioner).