Investigatory Powers Bill (HL Bill 62)

Investigatory Powers BillPage 80

“Collaborative police force” has the meaning given by paragraph 2 of Part 3 of
Schedule 6.

(4) For the purpose of this section, there is a British Islands connection if—

(a) 5any of the conduct authorised by the warrant would take place in the
British Islands (regardless of the location of the equipment that would,
or may, be interfered with),

(b) any of the equipment which would, or may, be interfered with would,
or may, be in the British Islands at some time while the interference is
10taking place, or

(c) a purpose of the interference is to obtain—

(i) communications sent by, or to, a person who is, or whom the
law enforcement officer believes to be, for the time being in the
British Islands,

(ii) 15information relating to an individual who is, or whom the law
enforcement officer believes to be, for the time being in the
British Islands, or

(iii) equipment data which forms part of, or is connected with,
communications or information falling within sub-paragraph
20(i) or (ii).

(5) Except as provided by subsections (1) to (3), a targeted equipment interference
warrant may be issued under section 101 whether or not the person who has
power to issue the warrant considers that there is a British Islands connection.

Approval of warrants by Judicial Commissioners

103 25Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a person’s decision to issue a warrant under
this Part, a Judicial Commissioner must review the person’s conclusions as to
the following matters—

(a) whether the warrant is necessary on any relevant grounds (see
30subsection (3)), and

(b) whether the conduct which would be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct.

(2) In doing so, the Judicial Commissioner must—

(a) apply the same principles as would be applied by a court on an
35application for judicial review, and

(b) consider the matters referred to in subsection (1) with a sufficient
degree of care as to ensure that the Judicial Commissioner complies
with the duties imposed by section 2 (general duties in relation to
privacy).

(3) 40In subsection (1)(a), “relevant grounds” means—

(a) in the case of a decision to issue a warrant under section 97, grounds
falling within section 97(5);

(b) in the case of a decision to issue a warrant under section 98, the purpose
of preventing or detecting serious crime;

(c) 45in the case of a decision to issue a warrant under section 99, the interests
of national security;

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(d) in the case of a decision to issue a warrant under section 101(1), the
purpose mentioned in section 101(1)(a);

(e) in the case of a decision to issue a warrant under section 101(3), the
purpose mentioned in section 101(3)(a).

(4) 5Where a Judicial Commissioner refuses to approve a person’s decision to issue
a warrant under this Part, the Judicial Commissioner must give the person
written reasons for the refusal.

(5) Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a person’s decision to issue a warrant under
10this Part, the person may ask the Investigatory Powers Commissioner to decide
whether to approve the decision to issue the warrant.

104 Approval of warrants issued in urgent cases

(1) This section applies where—

(a) a warrant under this Part is issued without the approval of a Judicial
15Commissioner, and

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

(2) The person who issued the warrant must inform a Judicial Commissioner that
it has been issued.

(3) 20The 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 person 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) 25If a Judicial Commissioner refuses to approve the decision to issue a warrant,
the warrant—

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

(b) may not be renewed.

(5) Section 105 contains further provision about what happens if a Judicial
30Commissioner refuses to approve the decision to issue a warrant.

105 Failure to approve warrant issued in urgent case

(1) This section applies where under section 104(3) a Judicial Commissioner
refuses to approve the decision to issue a warrant.

(2) The person to whom the warrant was addressed must, so far as is reasonably
35practicable, secure that anything in the process of being done under the
warrant stops as soon as possible.

(3) Where the refusal relates to a targeted equipment interference warrant, the
Judicial Commissioner may—

(a) authorise further interference with equipment for the purpose of
40enabling the person to whom the warrant was addressed to secure that
anything in the process of being done under the warrant stops as soon
as possible;

(b) direct that any of the material obtained under the warrant is destroyed;

(c) impose conditions as to the use or retention of any of that material.

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(4) Where the refusal relates to a targeted examination warrant, the Judicial
Commissioner may impose conditions as to the use of any protected material
selected for examination under the warrant.

(5) The Judicial Commissioner—

(a) 5may require an affected party to make representations about how the
Judicial Commissioner should exercise any function under subsection
(3) or (4), and

(b) must have regard to any such representations made by an affected
party (whether or not as a result of a requirement imposed under
10paragraph (a)).

(6) Each of the following is an “affected party” for the purposes of subsection (5)—

(a) the person who decided to issue the warrant;

(b) the person to whom the warrant was addressed.

(7) The person who decided to issue the warrant may ask the Investigatory
15Powers Commissioner to review a decision made by any other Judicial
Commissioner under subsection (3) or (4).

(8) On a review under subsection (7), the Investigatory Powers Commissioner
may—

(a) confirm the Judicial Commissioner’s decision, or

(b) 20make a fresh determination.

(9) Nothing in this section or section 104 affects the lawfulness of—

(a) anything done under the warrant before it ceases to have effect;

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

(i) 25anything done before that thing could be stopped, or

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

Additional safeguards

106 Members of Parliament etc.

(1) Subsection (3) applies where—

(a) 30an application is made to the Secretary of State for a targeted
equipment interference warrant, and

(b) the purpose of the warrant is to obtain—

(i) communications sent by, or intended for, a person who is a
member of a relevant legislature, or

(ii) 35a member of a relevant legislature’s private information.

(2) Subsection (3) also applies where—

(a) an application is made to the Secretary of State for a targeted
examination warrant, and

(b) the purpose of the warrant is to authorise the selection for examination
40of protected material which consists of—

(i) communications sent by, or intended for, a person who is a
member of a relevant legislature, or

(ii) a member of a relevant legislature’s private information.

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(3) The Secretary of State may not issue the warrant without the approval of the
Prime Minister.

(4) Subsection (5) applies where—

(a) an application is made under section 101 to a law enforcement chief for
5a targeted equipment interference warrant, and

(b) the purpose of the warrant is to obtain—

(i) communications sent by, or intended for, a person who is a
member of a relevant legislature, or

(ii) a member of a relevant legislature’s private information.

(5) 10The law enforcement chief may not issue the warrant without the approval of
the Secretary of State unless the law enforcement chief believes that the
warrant (if issued) would authorise interference only with equipment which
would be in Scotland at the time of the issue of the warrant or which the law
enforcement chief believes would be in Scotland at that time.

(6) 15The Secretary of State may give approval for the purposes of subsection (5)
only with the approval of the Prime Minister.

(7) In a case where the decision whether to issue a targeted equipment interference
warrant is to be taken by an appropriate delegate in relation to a law
enforcement chief under section 101(4), the reference in subsection (5) to the
20law enforcement chief is to be read as a reference to the appropriate delegate.

(8) In this section “member of a relevant legislature” means—

(a) a member of either House of Parliament;

(b) a member of the Scottish Parliament;

(c) a member of the National Assembly for Wales;

(d) 25a member of the Northern Ireland Assembly;

(e) a member of the European Parliament elected for the United Kingdom.

107 Items subject to legal privilege

(1) Subsections (2) and (3) apply if—

(a) an application is made for a warrant under this Part, and

(b) 30the purpose, or one of the purposes, of the warrant is—

(i) in the case of a targeted equipment interference warrant, to
authorise or require interference with equipment for the
purpose of obtaining items subject to legal privilege, or

(ii) in the case of a targeted examination warrant, to authorise the
35selection of such items for examination.

(2) The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to authorise or require interference with equipment
for the purpose of obtaining items subject to legal privilege or (in the case of a
targeted examination warrant) the selection for examination of items subject to
40legal privilege.

(3) The person to whom the application is made may issue the warrant only if the
person considers—

(a) that there are exceptional and compelling circumstances which make it
necessary to authorise or require interference with equipment for the
45purpose of obtaining items subject to legal privilege or (in the case of a

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targeted examination warrant) the selection for examination of items
subject to legal privilege, and

(b) that the arrangements made for the purposes of section 122 or (as the
case may be) section 177 (safeguards relating to retention and
5disclosure of material) include specific arrangements for the handling,
retention, use and destruction of such items.

(4) Subsections (5) and (6) apply if—

(a) an application is made for a warrant under this Part,

(b) the applicant considers that the relevant material is likely to include
10items subject to legal privilege, and

(c) subsections (2) and (3) do not apply.

(5) The application must contain—

(a) a statement that the applicant considers that the relevant material is
likely to include items subject to legal privilege, and

(b) 15an assessment of how likely it is that the relevant material will include
such items.

(6) The person to whom the application is made may issue the warrant only if the
person considers that the arrangements made for the purposes of section 122
or (as the case may be) section 177 include specific arrangements for the
20handling, retention, use and destruction of items subject to legal privilege.

(7) In this section, “relevant material” means—

(a) in relation to a targeted equipment interference warrant, any material
the obtaining of which is authorised or required under the warrant;

(b) in relation to a targeted examination warrant, any protected material
25which the warrant authorises to be selected for examination.

Further provision about warrants

108 Requirements that must be met by warrants

(1) A warrant under this Part must contain a provision stating whether it is a
targeted equipment interference warrant or a targeted examination warrant.

(2) 30A warrant under this Part must be addressed—

(a) in the case of a warrant issued under section 97 or 98, to the head of the
intelligence service by whom or on whose behalf the application for the
warrant was made;

(b) in the case of a warrant issued under section 99, to the Chief of Defence
35Intelligence;

(c) in the case of a warrant issued under section 101 by a law enforcement
chief (or by an appropriate delegate in relation to a law enforcement
chief), to a person who—

(i) is an appropriate law enforcement officer in relation to the law
40enforcement chief, and

(ii) is named or described in the warrant.

(3) In the case of a targeted equipment interference warrant which relates to a
matter described in the first column of the Table below, the warrant must
include the details specified in the second column.

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Matter Details to be included in the
warrant
Equipment belonging to,
used by or in the possession
of a particular person or
organisation
The name of the person or
organisation or a description
5of the person or organisation
Equipment belonging to,
used by or in the possession
of persons who form a
group which shares a
common purpose or who
carry on, or may carry on, a
particular activity
A description of the purpose
or activity and the name of,
or a description of, as many
10of the persons as it is
reasonably practicable to
name or describe
Equipment used by or in the
possession of more than one
person or organisation,
where the interference is for
the purpose of a single
investigation or operation
A description of the nature
15of the investigation or
operation and the name of,
or a description of, as many
of the persons or
organisations as it is
20reasonably practicable to
name or describe
Equipment in a particular
location
A description of the location
Equipment in more than one
location, where the
interference is for the
purpose of a single
investigation or operation
A description of the nature
25of the investigation or
operation and a description
of as many of the locations
as it is reasonably
practicable to describe
Equipment which is being,
or may be, used for the
purposes of a particular
activity or activities of a
particular description
30A description of the
particular activity or
activities

Equipment which is being,
or may be, used to test,
maintain or develop
capabilities relating to
interference with equipment
35A description of the nature
of the testing, maintenance
or development of
capabilities
Equipment which is being,
or may be, used for the
training of persons who
carry out, or are likely to
carry out, interference with
equipment
40A description of the nature
of the training



45

(4) A targeted equipment interference warrant must also describe—

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(a) the type of equipment which is to be interfered with, and

(b) the conduct which the person to whom the warrant is addressed is
authorised to take.

(5) In the case of a targeted examination warrant which relates to a matter
5described in the first column of the Table below, the warrant must include the
details specified in the second column.

Matter Details to be included in the
warrant
A particular person or
organisation
The name of the person or
10organisation or a description
of the person or organisation
A group of persons who
share a common purpose or
who carry on or may carry
on a particular activity
A description of the purpose
or activity and the name of,
or a description of, as many
15of the persons as it is
reasonably practicable to
name or describe
More than one person or
organisation, where the
interference is for the
purpose of a single
investigation or operation
A description of the nature
of the investigation or
20operation and the name of,
or a description of, as many
of the persons or
organisations as it is
reasonably practicable to
25name or describe
The testing, maintenance or
development of capabilities
relating to the selection of
protected material for
examination
A description of the nature
of the testing, maintenance
or development of
capabilities
30
The training of persons who
carry out, or are likely to
carry out, the selection of
protected material for
examination
A description of the nature
of the training


35

109 Duration of warrants

(1) A warrant issued under this Part ceases to have effect at the end of the relevant
period (see subsection (2)), unless—

(a) it is renewed before the end of that period (see section 110), or

(b) 40it is cancelled or otherwise ceases to have effect before the end of that
period (see sections 104 and 118).

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

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(a) in the case of an urgent warrant which has not been renewed, means the
period ending with the fifth working day after the day on which the
warrant was issued;

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

(i) 5the 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) For the purposes of subsection (2)(a), a warrant is an “urgent warrant” if—

(a) 10the 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.

110 Renewal of warrants

(1) 15If the renewal conditions are met, a warrant issued under this Part may be
renewed, at any time during the renewal period, by an instrument issued by
the appropriate person (see subsection (3)).

(2) The renewal conditions are—

(a) that the appropriate person considers that the warrant continues to be
20necessary on any relevant grounds,

(b) that the appropriate person considers that the conduct that would be
authorised by the warrant continues to be proportionate to what is
sought to be achieved by that conduct,

(c) that, in the case of a targeted examination warrant, the appropriate
25person considers that the warrant continues to be necessary to
authorise the selection of protected material for examination in breach
of the prohibition in section 179(4), and

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

(3) 30The appropriate person is—

(a) in the case of a warrant issued under section 97 or 99, the Secretary of
State;

(b) in the case of a warrant issued under section 98, a member of the
Scottish Government;

(c) 35in the case of a warrant issued under section 101 by a law enforcement
chief or by an appropriate delegate in relation to the law enforcement
chief, either—

(i) the law enforcement chief, or

(ii) if the warrant was issued by an appropriate delegate, that
40person.

(4) In subsection (2)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 97, grounds falling within
section 97(5),

(b) in the case of a warrant issued under section 98, the purpose of
45preventing or detecting serious crime,

(c) in the case of a warrant issued under section 99, the interests of national
security,

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(d) in the case of a warrant to be issued under section 101(1), the purpose
mentioned in section 101(1)(a), or

(e) in the case of a warrant to be issued under section 101(3), the purpose
mentioned in section 101(3)(a).

(5) 5“The renewal period” means—

(a) in the case of an urgent warrant which has not been renewed, the
relevant period;

(b) in any other case, the period of 30 days ending with the day at the end
of which the warrant would otherwise cease to have effect.

(6) 10The decision to renew a warrant issued under section 97 or 99 must be taken
personally by the Secretary of State, and the instrument renewing the warrant
must be signed by the Secretary of State.

(7) The decision to renew a warrant issued under section 98 must be taken
personally by a member of the Scottish Government, and the instrument
15renewing the warrant must be signed by the person who took that decision.

(8) The instrument renewing a warrant issued under section 101 must be signed
by the person who renews it.

(9) Section 103 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a warrant under this Part as it applies in relation
20to a decision to issue such a warrant (and accordingly any reference in that
section to the person who decided to issue the warrant is to be read as a
reference to the person who decided to renew it).

(10) Sections 106 (Members of Parliament etc.) and 107 (items subject to legal
privilege) apply in relation to a decision to renew a warrant under this Part as
25they apply in relation to a decision to issue such a warrant.

(11) In this section—

  • “relevant period” has the same meaning as in section 109;

  • “urgent warrant” is to be read in accordance with subsection (3) of that
    section.

111 30Modification of warrants issued by the Secretary of State or Scottish
Ministers

(1) The provisions of a warrant issued under section 97, 98 or 99 may be modified
at any time by an instrument issued by the person making the modification.

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

(a) 35adding to the matters to which the warrant relates (see section 96(1) and
(2)), by including the details required in relation to that matter by
section 108(3) or (5);

(b) removing a matter to which the warrant relates;

(c) adding (in relation to a matter to which the warrant relates) a name or
40description to the names or descriptions included in the warrant in
accordance with section 108(3) or (5);

(d) varying or removing (in relation to a matter to which the warrant
relates) a name or description included in the warrant in accordance
with section 108(3) or (5);

(e) 45adding to the descriptions of types of equipment included in the
warrant in accordance with section 108(4)(a);

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(f) varying or removing a description of a type of equipment included in
the warrant in accordance with section 108(4)(a).

(3) But—

(a) where a targeted equipment interference warrant relates only to a
5matter specified in section 96(1)(a), only to a matter specified in section
96(1)(d), or only to both such matters, the details included in the
warrant in accordance with section 108(3) may not be modified;

(b) where a targeted examination warrant relates only to a matter specified
in section 96(2)(a), the details included in the warrant in accordance
10with section 108(5) may not be modified.

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

This is subject to section 113(7).

(5) 15Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised or required by
it.

(6) Sections 112 to 115 contain further provision about making modifications
under this section.

112 20Persons who may make modifications under section 111

(1) The persons who may make modifications under section 111 of a warrant are
(subject to subsection (2))—

(a) in the case of a warrant issued by the Secretary of State under section 97
or 99—

(i) 25the Secretary of State, or

(ii) a senior official acting on behalf of the Secretary of State;

(b) in the case of a warrant issued by the Scottish Ministers under section
98—

(i) a member of the Scottish Government, or

(ii) 30a senior official acting on behalf of the Scottish Ministers.

(2) Any of the following persons may also make modifications under section 111
of a warrant, but only where the person considers that there is an urgent need
to make the modification—

(a) the person to whom the warrant is addressed;

(b) 35a person who holds a senior position in the same public authority as the
person mentioned in paragraph (a).

Section 115 contains provision about the approval of modifications made in
urgent cases.

(3) Subsection (2) is subject to section 113(4) and (5) (special rules where sections
40106 and 107 apply in relation to the making of a modification under section
111).

(4) For the purposes of subsection (2)(b), a person holds a senior position in a
public authority if—

(a) in the case of any of the intelligence services—