Section 226CA Renewal of authorisationF1

(1)

If the renewal conditions are met for an individual authorisation or a category authorisation, the head of an intelligence service, or a person acting on their behalf, may, at any time during the renewal period, renew the authorisation.

(2)

The renewal conditions for an individual authorisation are that—

(a)

the person renewing the authorisation considers that—

(i)

section 226A continues to apply to the bulk personal dataset described in the authorisation,

(ii)

the authorisation continues to be necessary for the purpose of the exercise of any function of the intelligence service,

(iii)

the conduct being authorised continues to be proportionate to what is sought to be achieved by the conduct, and

(iv)

there are for the time being in force arrangements made by the intelligence service, and approved by the Secretary of State, for storing bulk personal datasets to which section 226A applies and for protecting them from unauthorised disclosure, and

(b)

the decision to renew the authorisation has been approved by a Judicial Commissioner.

(3)

But the condition in subsection (2)(b) does not apply where the bulk personal dataset described in the individual authorisation falls within a category of bulk personal datasets authorised for the purposes of this Part by a category authorisation.

(4)

The renewal conditions for a category authorisation are that—

(a)

the person renewing the authorisation considers that section 226A continues to apply to any dataset that falls within the category of datasets described in the authorisation, and

(b)

the decision to renew the authorisation has been approved by a Judicial Commissioner.

(5)

In this section the “renewal period” means—

(a)

in the case of an urgent individual authorisation which has not been renewed, the relevant period;

(b)

in the case of an individual authorisation to which section 226CD (non-renewal or cancellation of category authorisation) applies, the period of three months ending with the day at the end of which the authorisation would otherwise cease to have effect;

(c)

in any other case, the period of 30 days ending with the day at the end of which the authorisation would otherwise cease to have effect.

(6)

Section 226BB (approval of authorisations by Judicial Commissioner) applies in relation to a decision to renew an authorisation under this section as it applies in relation to a decision to grant an authorisation under this Part.

(7)

In this section—

“the relevant period” has the same meaning as in section 226C;
“urgent individual authorisation” is to be read in accordance with subsection (3) of that section.

Annotations

Textual amendments

F1: Pt. 7A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 2, 32(2); S.I. 2024/1021, reg. 2(b)