Part 4 U.K. Retention of communications data

Variation [F1 , revocation or renewal] of notices U.K.

Textual Amendments

F1 Words in s. 94 cross-heading substituted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 20(3), 32(2); S.I. 2024/1021, reg. 2(s) (with regs. 3, 4)

[F2 94A Renewal of notices U.K.

(1) If the renewal conditions are met, a retention notice may be renewed, at any time during the renewal period, by a notice given by the Secretary of State.

(2) The renewal conditions are—

(a) that the Secretary of State considers that the requirement in the retention notice for a telecommunications operator to retain relevant communications data is still necessary and proportionate for one or more of the purposes falling within sub-paragraphs (i) to (vi) of section 87(1)(a), and

(b) that the decision to renew the notice 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 retention notice would otherwise cease to have effect.

(4) The Secretary of State must give, or publish, notice of the renewal in such manner as the Secretary of State considers appropriate for bringing the renewal to the attention of the telecommunications operator (or description of operators) to whom it relates.

(5) Sections 87(10), 88, 89 and 90 apply in relation to the renewal of a retention notice as they apply in relation to the giving of a retention notice.]

Textual Amendments

F2 S. 94A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 20(4), 32(2); S.I. 2024/1021, reg. 2(s) (with regs. 3, 4)