Investigatory Powers Bill (HC Bill 2)

(2) In this section, “the relevant period”—

(a) in the case of an urgent warrant (see subsection (3)), means the period
ending with the fifth working day after the day on which the warrant
was issued;

(b) 35in any other case, means the period of 6 months beginning with—

(i) the day on which the warrant was issued, or

(ii) in the case of a warrant which has been renewed, the day after
the day at the end of which the warrant would have ceased to
have effect if it had not been renewed.

(3) 40For the purposes of subsection (2)(a), a warrant is an “urgent warrant” if—

(a) the warrant was issued without the approval of a Judicial
Commissioner, and

(b) the person who decided to issue the warrant considered that there was
an urgent need to issue it.

163 Renewal of warrants

(1) If the renewal conditions are met, a bulk equipment interference warrant may
5be renewed, at any time before the end of the relevant period, by an instrument
issued by the Secretary of State.

This is subject to subsection (5).

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be
10necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within section
156(2),

(b) that the Secretary of State considers that the conduct that would be
15authorised by the renewed warrant continues to be proportionate to
what is sought to be achieved by that conduct,

(c) that the Secretary of State considers that—

(i) each of the specified operational purposes (see section 161) is a
purpose for which the examination of material obtained under
20the warrant continues to be, or may be, necessary, and

(ii) the examination of such material for each such purpose
continues to be necessary on any of the grounds on which the
Secretary of State considers that the warrant continues to be
necessary, and

(d) 25that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) The decision to renew a bulk equipment interference warrant must be taken
personally by the Secretary of State, and the instrument renewing the warrant
must be signed by the Secretary of State.

(4) 30Section 157 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a bulk equipment interference warrant as it
applies in relation to a decision to issue a bulk equipment interference warrant.

This is subject to subsection (5).

(5) In the case of a bulk equipment interference warrant which has been modified
35so that it no longer authorises or requires the securing of interference with any
equipment or the obtaining of any communications, equipment data or other
information—

(a) the renewal condition in subsection (2)(a) is to be disregarded,

(b) the reference in subsection (2)(c)(ii) to the grounds on which the
40Secretary of State considers the warrant to be necessary is to be read as
a reference to any grounds falling within section 156(1)(b) or (2), and

(c) section 157 has effect as if—

(i) paragraph (a) of subsection (1) were omitted, and

(ii) the reference in subsection (1)(c)(ii) to the grounds on which the
45Secretary of State considers the warrant to be necessary were a
reference to any grounds falling within section 156(1)(b) or (2).

164 Modification of warrants

(1) The provisions of a bulk equipment interference warrant may be modified at
any time by an instrument issued by the person making the modification.

(2) The modifications which may be made under this section are—

(a) 5adding, varying or removing any operational purpose specified in the
warrant as a purpose for which any material obtained under the
warrant may be selected for examination, and

(b) adding, varying or removing any description of conduct authorised by
the warrant.

(3) 10In this section—

(a) a modification adding or varying any operational purpose, or any
description of conduct, as mentioned in subsection (2) is referred to as
a “major modification”, and

(b) any other modification within that subsection is referred to as a “minor
15modification”.

(4) A major modification—

(a) must be made by the Secretary of State, and

(b) may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
20warrant to be necessary (see section 156(1)(b)).

(5) Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.

(6) Section 157 (approval of warrants by Judicial Commissioners) applies in
25relation to a decision to make a major modification of a bulk equipment
interference warrant as it applies in relation to the decision to issue a bulk
equipment interference warrant.

Section 165 contains provision about the approval of major modifications made
in urgent cases.

(7) 30A minor modification may be made by—

(a) the Secretary of State, or

(b) a senior official acting on behalf of the Secretary of State.

(8) Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.

(9) 35If at any time a person mentioned in subsection (7) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of material obtained under the warrant is or may be necessary, the
person must modify the warrant by removing that operational purpose.

(10) The decision to modify the provisions of a warrant must be taken personally
40by the person making the modification, and the instrument making the
modification must be signed by that person.

This is subject to subsection (11).

(11) If it is not reasonably practicable for an instrument making a major
modification to be signed by the Secretary of State, the instrument may be
45signed by a senior official designated by the Secretary of State for that purpose.

(12) In such a case, the instrument making the modification must contain a
statement that—

(a) it is not reasonably practicable for the instrument to be signed by the
Secretary of State, and

(b) 5the Secretary of State has personally and expressly authorised the
making of the modification.

(13) Despite section 154(1)(b) and (4)(a), the modification of a bulk equipment
interference warrant so that it no longer authorises or requires the securing of
interference with any equipment or the obtaining of any communications,
10equipment data or other information does not prevent the warrant from being
a bulk equipment interference warrant.

(14) Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised by it.

165 Approval of major modifications made in urgent cases

(1) 15This section applies where—

(a) the Secretary of State makes a major modification of a bulk equipment
interference warrant without the approval of a Judicial Commissioner,
and

(b) the Secretary of State considered that there was an urgent need to make
20the 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) 25notify the Secretary of State of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the fifth 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) 30the 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 under the warrant by virtue of that modification stops as soon as
35possible.

(5) The Judicial Commissioner may authorise further interference with equipment
for the purpose of enabling the person to whom the warrant is addressed to
secure that anything in the process of being done under the warrant by virtue
of the modification stops as soon as possible.

(6) 40Nothing in this section affects the lawfulness of—

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

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

(i) 45anything done before that thing could be stopped, or

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

166 Cancellation of warrants

(1) The Secretary of State, or a senior official acting on behalf of the Secretary of
State, may cancel a bulk equipment interference warrant at any time.

(2) If the Secretary of State, or a senior official acting on behalf of the Secretary of
5State, considers that any of the cancellation conditions are met in relation to a
bulk equipment interference warrant, the person must cancel the warrant.

(3) The cancellation conditions are—

(a) that the warrant is no longer necessary in the interests of national
security;

(b) 10that the conduct authorised by the warrant is no longer proportionate
to what is sought to be achieved by that conduct;

(c) that the examination of material obtained under the warrant is no
longer necessary for any of the specified operational purposes (see
section 161).

(4) 15But the condition in subsection (3)(a) does not apply where the warrant has
been modified so that it no longer authorises or requires the securing of
interference with any equipment or the obtaining of any communications,
equipment data or other information.

(5) Where a warrant is cancelled under this section, the person to whom the
20warrant was addressed must, so far as is reasonably practicable, secure that
anything in the process of being done under the warrant stops as soon as
possible.

(6) A warrant that has been cancelled under this section may not be renewed.

Implementation of warrants

167 25Implementation of warrants

(1) In giving effect to a bulk equipment interference warrant, the person to whom
it is addressed (“the implementing authority”) may (in addition to acting
alone) act through, or together with, such other persons as the implementing
authority may require (whether under subsection (2) or otherwise) to provide
30the authority with assistance in giving effect to the warrant.

(2) For the purpose of requiring any person to provide assistance in relation to a
bulk equipment interference warrant, the implementing authority may—

(a) serve a copy of the warrant on any person who the implementing
authority considers may be able to provide such assistance, or

(b) 35make arrangements for the service of a copy of the warrant on any such
person.

(3) A copy of a warrant may be served under subsection (2) on a person outside
the United Kingdom for the purpose of requiring the person to provide such
assistance in the form of conduct outside the United Kingdom.

(4) 40For the purposes of this Act, the provision of assistance in giving effect to a
bulk equipment interference warrant includes any disclosure to the
implementing authority, or to persons acting on behalf of the implementing
authority, of material obtained under the warrant.