Investigatory Powers Act 2016

[F1 226HA Renewal of warrants U.K.

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

(2) The renewal conditions are—

(a) that the Secretary of State considers that the warrant continues to be necessary on grounds falling within section 226G(4)(a),

(b) that 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 the conduct, and

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

(3) In this section the “renewal period” means—

(a) in the case of an urgent third party BPD 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.

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

(5) Section 226GA (approval of warrants by Judicial Commissioner) applies in relation to a decision to renew a warrant as it applies in relation to a decision to issue a warrant.

(6) In this section—

• “the relevant period” has the same meaning as in section 226H;

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

Textual Amendments

F1 Pt. 7B inserted (14.10.2024 for specified purposes, 25.4.2025 in so far as not already in force) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 5, 32(2); S.I. 2024/1021, reg. 2(e); S.I. 2025/501, reg. 2