Investigatory Powers Act 2016

217 Approval of major modifications made in urgent cases U.K.

(1) This section applies where—

(a) the Secretary of State makes a major modification of a class BPD warrant or a specific BPD warrant without the approval of a Judicial Commissioner, and

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

(2) The Secretary of State must inform a Judicial Commissioner that the modification has been made.

(3) The Judicial Commissioner must, before the end of the relevant period—

(a) decide whether to approve the decision to make the modification, and

(b) notify the Secretary of State of the Judicial Commissioner's decision.

“The relevant period” means the period ending with the [F1 third] [F1 ninth] working day after the day on which the modification was made.

(4) If the Judicial Commissioner refuses to approve the decision to make the modification—

(a) the warrant (unless it no longer has effect) has effect as if the modification had not been made, and

(b) the person to whom the warrant is addressed must, so far as is reasonably practicable, secure that anything in the process of being done in reliance on the warrant by virtue of that modification stops as soon as possible,

and section 216(4) does not apply in relation to the refusal to approve the decision.

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

(a) anything done in reliance on the warrant by virtue of the modification before the modification ceases to have effect;

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

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

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

Textual Amendments

F1 Word in s. 217(3) substituted (temp.) (27.3.2020) by virtue of The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (S.I. 2020/360), regs. 1(2), 4(c) (with reg. 5)

Commencement Information

I1 S. 217 in force at 22.8.2018 by S.I. 2018/873, reg. 3(c)