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Regulation of Investigatory Powers Act 2000

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9 Duration, cancellation and renewal of warrants.E+W+S+N.I.
This section has no associated Explanatory Notes

(1)An interception warrant—

(a)shall cease to have effect at the end of the relevant period; but

(b)may be renewed, at any time before the end of that period, by an instrument under the hand of the Secretary of State [F1or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive] or, in a case falling within section 7(2)(b), under the hand of a senior official.

(2)An interception warrant shall not be renewed under subsection (1) unless the Secretary of State believes that the warrant continues to be necessary on grounds falling within section 5(3).

(3)The Secretary of State shall cancel an interception warrant if he is satisfied that the warrant is no longer necessary on grounds falling within section 5(3).

(4)The Secretary of State shall cancel an interception warrant if, at any time before the end of the relevant period, he is satisfied in a case in which—

(a)the warrant is one which was issued containing the statement set out in section 7(5)(a) or has been renewed by an instrument containing the statement set out in subsection (5)(b)(i) of this section, and

(b)the latest renewal (if any) of the warrant is not a renewal by an instrument under the hand of the Secretary of State,

that the person named or described in the warrant as the interception subject is in the United Kingdom.

(5)An instrument under the hand of a senior official that renews an interception warrant must contain—

(a)a statement that the renewal is for the purposes of a request for assistance made under an international mutual assistance agreement by the competent authorities of a country or territory outside the United Kingdom; and

(b)whichever of the following statements is applicable—

(i)a statement that the interception subject appears to be outside the United Kingdom;

(ii)a statement that the interception to which the warrant relates is to take place in relation only to premises outside the United Kingdom.

(6)In this section “the relevant period”—

(a)in relation to an unrenewed warrant issued in a case falling within section 7(2)(a) under the hand of a senior official, means the period ending with the fifth working day following the day of the warrant’s issue;

[F2(ab)in relation to an unrenewed warrant which is endorsed under the hand of the Secretary of State with a statement that the issue of the warrant is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant's issue;]

(b)in relation to a renewed warrant the latest renewal of which was by an instrument endorsed under the hand of the Secretary of State with a statement that the renewal is believed to be necessary on grounds falling within section 5(3)(a) or (c), means the period of six months beginning with the day of the warrant’s renewal; and

(c)in all other cases, means the period of three months beginning with the day of the warrant’s issue or, in the case of a warrant that has been renewed, of its latest renewal.

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Amendments (Textual)

F1Words in s. 9(1)(b) inserted (S.) (15.12.2000) by S.I. 2000/3253, arts. 1(1), 4(1), Sch. 3 Pt. II para. 5 (with art. 6)

Modifications etc. (not altering text)

C1S. 9(1)(b)(3) modified (S.) (14.12.2000) by S.I. 2000/3253, arts. 1(1)(2), 2, Sch. 1 para. 3(1) (with art. 6)

S. 9(1)(b)(3): functions transferred to the Scottish Ministers (S.) (15.12.2000) by virtue of S.I. 2000/3253,, arts. 1(1)(3), 3, Sch. 2 (with art. 6)

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