Part 6

Bulk warrants
CHAPTER 1

Bulk interception warrants

Duration, modification and cancellation of warrants

Renewal of warrants
144
1
If 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
that 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 138(2),
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 that conduct,
c
that the Secretary of State considers that—
i
each of the specified operational purposes (see section 142) is a purpose 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 grounds 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.
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 by the Secretary of State.
5
Section 140 (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).
This 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
the 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 138(1)(b) or (2), and
c
section 140 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 Secretary of State considers the warrant to be necessary were a reference to any grounds falling within section 138(1)(b) or (2).
S. 144 in force at 27.6.2018 by S.I. 2018/652, reg. 10(a)