Version Superseded: 27/03/2020
Point in time view as at 17/05/2019. This version of this provision has been superseded.
Investigatory Powers Act 2016, Section 180 is up to date with all changes known to be in force on or before 01 March 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.
(1)This section applies where—
(a)a warrant under section 178 is issued without the approval of a Judicial Commissioner, and
(b)the Secretary of State considered that there was an urgent need to issue it.
(2)The Secretary of State must inform a Judicial Commissioner that it has been issued.
(3)The Judicial Commissioner must, before the end of the relevant period—
(a)decide whether to approve the decision to issue the warrant, and
(b)notify the Secretary of State of the Judicial Commissioner's decision.
“The relevant period” means the period ending with the third working day after the day on which the warrant was issued.
(4)If a Judicial Commissioner refuses to approve the decision to issue a warrant, the warrant—
(a)ceases to have effect (unless already cancelled), and
(b)may not be renewed,
and section 179(4) does not apply in relation to the refusal to approve the decision.
(5)Section 181 contains further provision about what happens if a Judicial Commissioner refuses to approve a decision to issue a warrant.
Commencement Information
I1S. 180 in force at 27.6.2018 by S.I. 2018/652, reg. 10(b)
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