Part 9Miscellaneous and general provisions
CHAPTER 1Miscellaneous
Additional powers
I1254Approval of notices by Judicial Commissioners
1
In this section “relevant notice” means—
a
a national security notice under section 252, or
b
a technical capability notice under section 253.
2
In deciding whether to approve a decision to give a relevant notice, a Judicial Commissioner must review the Secretary of State's conclusions as to the following matters—
a
whether the notice is necessary as mentioned in section 252(1)(a) or (as the case may be) section 253(1)(a), and
b
whether the conduct that would be required by the notice is proportionate to what is sought to be achieved by that conduct.
3
In doing so, the Judicial Commissioner must—
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 (2) 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).
4
Where a Judicial Commissioner refuses to approve a decision to give a relevant notice, the Judicial Commissioner must give the Secretary of State written reasons for the refusal.
5
Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a decision to give a relevant notice, the Secretary of State may ask the Investigatory Powers Commissioner to decide whether to approve the decision to give the notice.