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Investigatory Powers Act 2016
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Investigatory Powers Act 2016, Section 226CC is up to date with all changes known to be in force on or before 17 November 2024. 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90(4)-(4B) substituted for s. 90(4) by 2024 c. 9 s. 18(2)(a)
- s. 90(5A) inserted by 2024 c. 9 s. 18(2)(c)
- s. 90(9A)(9B) inserted by 2024 c. 9 s. 18(2)(d)
- s. 90(11A) inserted by 2024 c. 9 s. 18(2)(f)
- s. 90(14)-(16) inserted by 2024 c. 9 s. 18(2)(g)
- s. 257(3)-(3B) substituted for s. 257(3) by 2024 c. 9 s. 18(5)(a)
- s. 257(4A) inserted by 2024 c. 9 s. 18(5)(c)
- s. 257(8A)(8B) inserted by 2024 c. 9 s. 18(5)(d)
- s. 257(10A) inserted by 2024 c. 9 s. 18(5)(f)
- s. 257(13)-(15) inserted by 2024 c. 9 s. 18(5)(g)
- s. 258A 258B inserted by 2024 c. 9 s. 21(2)
- s. 267(3)(ja) inserted by 2024 c. 9 s. 21(3)(b)
[F1226CCNon-renewal or cancellation of individual authorisationU.K.
This section has no associated Explanatory Notes
(1)This section applies where an individual authorisation ceases to have effect because it expires without having been renewed or because it is cancelled.
(2)The head of the intelligence service, or a person acting on their behalf, may, before the end of the period of 5 working days beginning with the day on which the authorisation ceases to have effect, decide to grant a new individual authorisation (see section 226B) to retain, or to retain and examine, any material retained by the intelligence service in reliance on the authorisation which has ceased to have effect.
(3)Where an individual authorisation ceases to have effect because it expires without having been renewed or because it is cancelled, an intelligence service is not to be regarded as in breach of section 200(1) or (2) by virtue of its retention or examination of any material to which the authorisation related during the following periods—
(a)the period of 5 working days beginning with the day on which the authorisation ceases to have effect;
(b)if the head of the intelligence service, or a person acting on their behalf, decides to grant a new individual authorisation as mentioned in subsection (2), any period when a Judicial Commissioner is deciding whether to approve the decision.]
Textual Amendments
F1Pt. 7A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 2, 32(2); S.I. 2024/1021, reg. 2(b)
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