Investigatory Powers Bill (HL Bill 62)

(e) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 141 and 142 (safeguards relating to disclosure
etc.) are in force in relation to the warrant,

(f) in a case where the Secretary of State considers that a
35telecommunications operator outside the United Kingdom is likely to
be required to provide assistance in giving effect to the warrant if it is
issued, the Secretary of State has complied with section 131, and

(g) the decision to issue the warrant has been approved by a Judicial
Commissioner.

40For the meaning of “head of an intelligence service”, see section 239.

(2) A warrant is necessary on grounds falling within this subsection if it is
necessary—

(a) for the purpose of preventing or detecting serious crime, or

(b) in the interests of the economic well-being of the United Kingdom so
45far as those interests are also relevant to the interests of national
security (but see subsection (3)).

(3) A warrant may be considered necessary on the ground falling within
subsection (2)(b) only if the information which it is considered necessary to

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obtain is information relating to the acts or intentions of persons outside the
British Islands.

(4) A warrant may not be considered necessary in the interests of national security
or on any other grounds falling within subsection (2) if it is considered
5necessary only for the purpose of gathering evidence for use in any legal
proceedings.

(5) An application for the issue of a bulk interception warrant may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.

131 10Additional requirements in respect of warrants affecting overseas operators

(1) This section applies where—

(a) an application for a bulk interception warrant has been made, and

(b) the Secretary of State considers that a telecommunications operator
outside the United Kingdom is likely to be required to provide
15assistance in giving effect to the warrant if it is issued.

(2) Before issuing the warrant, the Secretary of State must consult the operator.

(3) Before issuing the warrant, the Secretary of State must, among other matters,
take into account—

(a) the likely benefits of the warrant,

(b) 20the likely number of users (if known) of any telecommunications
service which is provided by the operator and to which the warrant
relates,

(c) the technical feasibility of complying with any requirement that may be
imposed on the operator to provide assistance in giving effect to the
25warrant,

(d) the likely cost of complying with any such requirement, and

(e) any other effect of the warrant on the operator.

132 Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a decision to issue a warrant under section 130,
30a Judicial Commissioner must review the Secretary of State’s conclusions as to
the following matters—

(a) whether the warrant is necessary as mentioned in subsection (1)(b) of
that section,

(b) whether the conduct that would be authorised by the warrant is
35proportionate to what is sought to be achieved by that conduct,

(c) whether—

(i) each of the specified operational purposes (see section 134) is a
purpose for which the examination of intercepted content or
secondary data obtained under the warrant is or may be
40necessary, and

(ii) the examination of intercepted content or secondary data for
each such purpose is necessary as mentioned in section
130(1)(d)(ii), and

(d) any matters taken into account in accordance with section 131.

(2) 45In doing so, the Judicial Commissioner must—

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(a) apply the same principles as would be applied by a court on an
application 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
5with the duties imposed by section 2 (general duties in relation to
privacy).

(3) Where a Judicial Commissioner refuses to approve a decision to issue a
warrant under section 130, the Judicial Commissioner must give the Secretary
of State written reasons for the refusal.

(4) 10Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a decision to issue a warrant under section
130, the Secretary of State may ask the Investigatory Powers Commissioner to
decide whether to approve the decision to issue the warrant.

133 Decisions to issue warrants to be taken personally by Secretary of State

(1) 15The decision to issue a bulk interception warrant must be taken personally by
the Secretary of State.

(2) Before a bulk interception warrant is issued, it must be signed by the Secretary
of State.

134 Requirements that must be met by warrants

(1) 20A bulk interception warrant must contain a provision stating that it is a bulk
interception warrant.

(2) A bulk interception warrant must be addressed to the head of the intelligence
service by whom, or on whose behalf, the application for the warrant was
made.

(3) 25A bulk interception warrant must specify the operational purposes for which
any intercepted content or secondary data obtained under the warrant may be
selected for examination.

(4) The operational purposes specified in the warrant must be ones specified, in a
list maintained by the heads of the intelligence services (“the list of operational
30purposes”), as purposes which they consider are operational purposes for
which intercepted content or secondary data obtained under bulk interception
warrants may be selected for examination.

(5) The warrant may, in particular, specify all of the operational purposes which,
at the time the warrant is issued, are specified in the list of operational
35purposes.

(6) An operational purpose may be specified in the list of operational purposes
only with the approval of the Secretary of State.

(7) The Secretary of State may give such approval only if satisfied that the
operational purpose is specified in a greater level of detail than the descriptions
40contained in section 130(1)(b) or (2).

(8) At the end of each relevant three-month period the Secretary of State must give
a copy of the list of operational purposes to the Intelligence and Security
Committee of Parliament.

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(9) In subsection (8) “relevant three-month period” means—

(a) the period of three months beginning with the day on which this
section comes into force, and

(b) each successive period of three months.

(10) 5The Prime Minister must review the list of operational purposes at least once a
year.

(11) In this Chapter “the specified operational purposes”, in relation to a bulk
interception warrant, means the operational purposes specified in the warrant
in accordance with this section.

10Duration, modification and cancellation of warrants

135 Duration of warrants

(1) A bulk interception warrant (unless already cancelled) ceases to have effect at
the end of the period of 6 months beginning with—

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

(b) 15in the case of a warrant that 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.

(2) For provision about the renewal of warrants, see section 136.

136 Renewal of warrants

(1) 20If the renewal conditions are met, a bulk interception warrant may be renewed,
at any time during the renewal period, by an instrument issued by the
Secretary of State.

This is subject to subsection (6).

(2) The renewal conditions are—

(a) 25that the Secretary of State considers that the warrant continues to be
necessary—

(i) in the interests of national security, or

(ii) on that ground and on any other grounds falling within section
130(2),

(b) 30that the Secretary of State considers that the conduct that would be
authorised 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 134) is a
35purpose for which the examination of intercepted content or
secondary data obtained under the warrant continues to be, or
may be, necessary, and

(ii) the examination of intercepted content or secondary data for
each such purpose continues to be necessary on any of the
40grounds on which the Secretary of State considers that the
warrant continues to be necessary, and

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

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(3) “The renewal period” means the period of 30 days ending with the day at the
end of which the warrant would otherwise cease to have effect.

(4) The decision to renew a bulk interception warrant must be taken personally by
the Secretary of State, and the instrument renewing the warrant must be signed
5by the Secretary of State.

(5) Section 132 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a bulk interception warrant as it applies in
relation to a decision to issue a bulk interception warrant, but with the
omission of paragraph (d) of subsection (1).

10This is subject to subsection (6).

(6) In the case of the renewal of a bulk interception warrant that has been modified
so that it no longer authorises or requires the interception of communications
or the obtaining of secondary data—

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

(b) 15the reference in subsection (2)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary is to be read as
a reference to any grounds falling within section 130(1)(b) or (2), and

(c) section 132 has effect as if—

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

(ii) 20the reference in subsection (1)(c)(ii) to the grounds on which the
Secretary of State considers the warrant to be necessary were a
reference to any grounds falling within section 130(1)(b) or (2).

137 Modification of warrants

(1) The provisions of a bulk interception warrant may be modified at any time by
25an instrument issued by the person making the modification.

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

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

(b) 30providing that the warrant no longer authorises or requires (to the
extent that it did so previously)—

(i) the interception of any communications in the course of their
transmission by means of a telecommunication system, or

(ii) the obtaining of any secondary data from communications
35transmitted by means of such a system.

(3) In this section—

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

(b) 40any other modification within that subsection is referred to as a “minor
modification”.

(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
45on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 130(1)(b)).