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| | Clause 161, page 125, line 17, leave out “may” and insert “must” |
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| | Page 125, line 3, leave out Clause 161 |
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| | | Clause Agreed to on division. |
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| | Clause 162, page 125, line 32, leave out from “period” to third “the” in line 33 and |
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| | insert “of 48 hours after” |
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| | Clause 162, page 125, line 32, leave out from “period” to third “the” in line 33 and |
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| | insert “of 24 hours after” |
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| | Clause 162, page 125, line 35, leave out “6 months” and insert “1 month” |
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| | Page 125, line 25, leave out Clause 162 |
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| | | Clause Agreed to on division. |
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| | Clause 163, page 126, line 6, at end insert— |
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| | | | “This is subject to subsection (5).” |
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| | | Member’s explanatory statement
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| | | This drafting amendment is for consistency with clauses 127 and 143. |
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| | Clause 163, page 126, line 31, at end insert— |
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| | | | “This is subject to subsection (5).” |
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| | | Member’s explanatory statement
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| | | This drafting amendment is for consistency with clauses 127 and 143. |
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| | Page 126, line 3, leave out Clause 163 |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 164, page 127, line 20, at end insert— |
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| | | “(c) | may only be made if the Secretary of State considers it proportionate to |
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| | | the operational purposes specified in the warrant.” |
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| | Clause 164, page 127, line 34, at end insert— |
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| | | “(8A) | A minor modification— |
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| | | (a) | may be made only if the Secretary of State or a senior official acting on |
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| | | behalf of the Secretary of State considers that it is necessary on any of the |
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| | | grounds on which they consider the warrant to be necessary (see section |
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| | | (b) | may only be made if the Secretary of State considers that it is |
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| | | proportionate to the operational purposes specified in the warrant. |
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| | | (8B) | Except where the Secretary of State considers that there is an urgent need to make |
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| | | the modification, a minor modification has effect only if the decision to make the |
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| | | modification is approved by a Judicial Commissioner.” |
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| | Clause 164, page 127, line 34, at end insert— |
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| | | “(8C) | In a case where any modification is sought under this section to which Clause |
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| | | [NC2 Items subject to legal privilege] or Clause [NC11 Confidential and |
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| | | privileged material] applies section 97 (approval of warrants by Judicial |
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| | | Commissioners) applies to a decision to modify a warrant as it applies in relation |
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| | | to a decision to issue such a warrant (and accordingly any reference in that section |
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| | | to the person who decided to issue the warrant is to be read as a reference to the |
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| | | person who decided to modify it).” |
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| | Clause 164, page 127, line 42, leave out “(urgent cases)” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 623. |
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| | Clause 164, page 127, line 43, leave out from beginning to “the” in line 2 on page |
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| | | “( ) | If it is not reasonably practicable for an instrument making a major modification |
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| | | to be signed by the Secretary of State, the instrument may be signed by a senior |
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| | | official designated by the Secretary of State for that purpose. |
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| | | ( ) | In such a case, the instrument making the modification must contain a statement |
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| | | (a) | it is not reasonably practicable for the instrument to be signed by the |
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| | | Member’s explanatory statement
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| | | This amendment enables an instrument making a major modification of a bulk equipment |
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| | | interference warrant to be signed by a senior official in any case where it is not reasonably |
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| | | practicable for the Secretary of State to sign it. |
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| | Clause 164, page 128, line 10, at end insert— |
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| | | “(14) | Any modification which constitutes the adding or varying any matter must be |
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| | | approved by a Judicial Commissioner in accordance with section 157.” |
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| | | Member’s explanatory statement
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| | | This amendment adds the requirement to obtain approval from a Judicial Commissioner for any |
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| | | modification which constitutes the adding or varying (but not removing) any matter for each type |
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| | Page 127, line 1, leave out Clause 164 |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 165, page 128, line 24, leave out “ending with the fifth working day after |
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| | the day on which” and insert “of 48 hours after” |
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| | Clause 165, page 128, line 24, leave out “ending with the fifth working day after |
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| | the day on which” and insert “of 24 hours after” |
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| | Page 128, line 11, leave out Clause 165 |
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| | | Clause Agreed to on division. |
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| | Page 129, line 1, leave out Clause 166 |
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| | | Clause Agreed to on division. |
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| | Clause 167, page 129, line 39, at end insert— |
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| | | “(3b) | Subsection (3) shall not be applicable where the person outside the United |
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| | | Kingdom has its principal office in a country or territory where it is established, |
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| | | for the provision of services with which the United Kingdom has entered in to an |
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| | | international mutual assistance agreement or is subject to an EU mutual |
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| | | Member’s explanatory statement
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| | | This amendment excludes the extraterritorial provision in cases where any mutual assistance |
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| | | arrangement exists between the UK and the provider’s jurisdiction. This amendment would |
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| | | continue to enable government to seek voluntary assistance from CSPs in non-MLA countries. |
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| | Clause 167, page 130, line 12, at end insert— |
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| | | “(7) | A warrant may be implemented only to the extent required for the purpose for |
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| | | which the warrant was issued.” |
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| | | Member’s explanatory statement
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| | | This amendment would bring the implementation of warrants into line with section 16(8) of PACE |
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| | Page 129, line 25, leave out Clause 167 |
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| | | Clause Agreed to on division. |
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| | Page 130, line 14, leave out Clause 168 |
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| | | Clause Agreed to on division. |
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| | Clause 169, page 132, line 3, at end insert— |
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| | | “(3A) | Material obtained via a warrant under this Part may only be shared with overseas |
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| | | authorities in accordance with the terms of an international information sharing |
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| | Page 131, line 33, leave out Clause 169 |
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| | | Clause Agreed to on division. |
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| | Clause 170, page 132, line 7, leave out from beginning to “is” and insert “the |
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| | selection of any of the material obtained under the warrant for examination” |
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| | | Member’s explanatory statement
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| | | This amendment makes a minor drafting correction. |
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| | Clause 170, page 132, line 14, after “warrant”, insert “for examination” |
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| | | Member’s explanatory statement
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| | | This amendment makes a minor drafting correction. |
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| | Page 132, line 4, leave out Clause 170 |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 171, page 133, line 38, after “items”, insert “presumptively” |
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| | Clause 171, page 133, line 40, at end insert “and |
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| | | (c) | where paragraph (b)(i) applies, compelling evidence indicates that the |
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| | | items in question consist of, or relate to, communications made for a |
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| | | criminal purpose such that it is necessary to authorise or require the |
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| | | selection for examination of those items.” |
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| | Clause 171, page 133, line 42, leave out from “a” to “has” and insert “Judicial |
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| | Clause 171, page 133, line 44, leave out “senior official” and insert “Judicial |
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