Part 9

Miscellaneous and general provisions
CHAPTER 1

Miscellaneous

Additional powers

Renewal of notices
256A
1
If the renewal conditions are met, a relevant notice may be renewed, at any time during the renewal period, by a notice given by the Secretary of State.
2
The renewal conditions for a national security notice given under section 252 are that—
a
the Secretary of State considers that the notice is still necessary in the interests of national security,
b
the Secretary of State considers that the conduct required by the notice is still proportionate to what is sought to be achieved by that conduct, and
c
the decision to renew the notice has been approved by a Judicial Commissioner.
3
The renewal conditions for a technical capability notice given under section 253 are that—
a
the Secretary of State considers that the notice is still necessary for securing that the relevant operator has the capability to provide any assistance which the operator may be required to provide in relation to any relevant authorisation,
b
the Secretary of State considers that the conduct required by the notice is still proportionate to what is sought to be achieved by that conduct, and
c
the decision to renew the notice has been approved by a Judicial Commissioner.
4
The renewal period means the period of 30 days ending with the day at the end of which the relevant notice would otherwise cease to have effect.
5
If the Secretary of State renews a relevant notice given to any person, the Secretary of State must give that person notice in writing of the renewal.
6
Sections 254, 255(2) to (4) and (7) and 257 apply in relation to the renewal of a relevant notice as they apply in relation to the giving of a relevant notice.
7
Section 255(6) applies to any notice of the renewal of a technical capability notice as it applies to a technical capability notice.
8
In this section—
- “
relevant authorisation
” has the meaning given by section 253;
- “
relevant notice
” means—
  1. a national security notice under section 252, or
  2. a technical capability notice under section 253;
- “
relevant operator
” has the meaning given by section 253.
S. 256A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 20(7), 32(2); S.I. 2024/1021, reg. 2(s) (with regs. 3, 4)