Modification of warrants

Investigatory Powers Bill – in the House of Commons at 4:25 pm on 7th June 2016.

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Amendments made: 127, page 127, line 16, after “modification”, insert

“adding or varying any operational purpose”.

This amendment restricts the application of clause 164(4) to cases where a major modification of a bulk equipment interference warrant adds or varies an operational purpose. It is consequential on amendment 128.

Amendment 128, page 127, line 20, at end insert—

“( ) A major modification adding or varying any description of conduct—

(a) must be made by the Secretary of State, and

(b) may be made only if the Secretary of State considers—

(i) that the modification is necessary on any of the grounds on which the Secretary of State considers the warrant to be necessary (see section156(1)(b)), and

(ii) that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct.”—(Mr John Hayes.)

This amendment provides for both a necessity test and a proportionality test to apply in relation to a decision whether to make a major modification of a bulk equipment interference warrant by adding or varying a description of conduct.

Clause 170