Part 9U.K.Miscellaneous and general provisions

CHAPTER 1U.K.Miscellaneous

Additional powersU.K.

257Review of notices by the Secretary of StateU.K.

(1)A person who is given a notice under section 252 or 253 may, within such period or circumstances as may be provided for by regulations made by the Secretary of State, refer the notice back to the Secretary of State.

(2)Such a reference may be in relation to the whole of a notice or any aspect of it.

[F1(3)Where a person who is given a notice under section 252 or 253 refers the notice under subsection (1)—

(a)there is no requirement for the person to comply with the notice, so far as referred, and

(b)subsection (3A) applies to the person,

until the Secretary of State has reviewed the notice in accordance with subsection (4).

(3A)Where this subsection applies to a person, the person must not make any relevant changes to telecommunications or postal services, or telecommunication systems, to which obligations imposed by the notice given under section 252 or 253 relate.

(3B)In subsection (3A) “relevant change” means a change that, if implemented, would have a negative effect on the capability of the person to provide any assistance which the person may be required to provide in relation to any warrant, authorisation or notice issued or given under this Act.]

(4)The Secretary of State must [F2, before the end of the review period,] review any notice so far as referred to the Secretary of State under subsection (1) [F3(and accordingly decide what action to take under subsection (9))].

[F4(4A)In subsection (4) “the review period” means—

(a)such period as may be provided for by regulations made by the Secretary of State, or

(b)if that period is extended by the Secretary of State in accordance with the regulations (see subsection (13)), such extended period.]

(5)Before deciding the review, the Secretary of State must consult—

(a)the Technical Advisory Board, and

(b)a Judicial Commissioner.

(6)The Board must consider the technical requirements and the financial consequences, for the person who has made the reference, of the notice so far as referred.

(7)The Commissioner must consider whether the notice so far as referred is proportionate.

(8)The Board and the Commissioner must—

(a)give the person concerned and the Secretary of State the opportunity to provide evidence, or make representations, to them before reaching their conclusions, and

(b)report their conclusions to—

(i)the person, and

(ii)the Secretary of State.

[F5(8A)The Commissioner may give a direction to the person concerned or the Secretary of State specifying the period within which the person or the Secretary of State (as the case may be) may provide evidence, or make representations, in accordance with subsection (8)(a).

(8B)If the Commissioner gives such a direction to the person or the Secretary of State, the Board and the Commissioner are not required to take into account any evidence provided, or representations made, by the person or the Secretary of State (as the case may be) after the end of that period.]

(9)The Secretary of State [F6must], after considering the conclusions of the Board and the Commissioner [F7but before the end of the relevant period, decide whether to]—

(a)vary or revoke the notice under section 256, or

(b)give a notice under this section to the person confirming its effect.

(10)But the Secretary of State may vary the notice, or give a notice under subsection (9)(b) confirming its effect, only if the Secretary of State's decision to do so has been approved by the Investigatory Powers Commissioner.

[F8(10A)In subsection (9) “the relevant period” means—

(a)such period as may be provided for by regulations made by the Secretary of State, or

(b)if that period is extended by the Secretary of State in accordance with the regulations (see subsection (14)), such extended period.]

(11)Subsections (5) to (8) of section 255 apply in relation to a notice under subsection (9)(b) above as they apply in relation to a notice under section 252 or 253.

(12)Any reference in this section or section 258 to a notice under section 252 or 253 includes such a notice as varied under section 256, but only so far as the variation is concerned.

But it does not include a notice varied as mentioned in subsection (9)(a) above.

[F9(13)Regulations under subsection (4A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State where the extension is agreed by the Secretary of State, the person concerned and a Judicial Commissioner.

(14)Regulations under subsection (10A)(a) may include provision enabling any period provided for by the regulations to be extended by the Secretary of State—

(a)where the Secretary of State considers that there are exceptional circumstances that justify the extension, or

(b)in any other circumstances specified in the regulations.

(15)Where regulations under subsection (10A)(a) include provision mentioned in subsection (14), the regulations must also include provision requiring the Secretary of State to notify a Judicial Commissioner and the person concerned of the duration of any extended period.]

Textual Amendments

F1S. 257(3)-(3B) substituted for s. 257(3) (20.6.2025) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 18(5)(a), 32(2); S.I. 2025/722, reg. 2(a)

Commencement Information

I1S. 257 in force at 12.3.2018 by S.I. 2018/341, reg. 2(k)