Investigatory Powers Act 2016

209 Approval of specific BPD warrants issued in urgent cases

(1) This section applies where—

(a) a specific BPD warrant 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 specific BPD warrant, the warrant—

(a) ceases to have effect (unless already cancelled), and

(b) may not be renewed,

and section 208(4) does not apply in relation to the refusal to approve the decision.

(5) Section 210 contains further provision about what happens if a Judicial Commissioner refuses to approve a decision to issue a warrant.