90 Review by the Secretary of State
Investigatory Powers Act 2016 (2016 c 25) | Legislation

90  Review by the Secretary of State

(1)ÌýÌýÌýÌý A telecommunications operator to whom a retention notice is given 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)ÌýÌýÌýÌý Such a reference may be in relation to the whole of a notice or any aspect of it.

(3)ÌýÌýÌýÌý In the case of a notice given to a description of operators—

(a)ÌýÌýÌýÌý each operator falling within that description may make a reference under subsection (1), but

(b)ÌýÌýÌýÌý each such reference may only be in relation to the notice, or aspect of the notice, so far as it applies to that operator.

(4)ÌýÌýÌýÌý There is no requirement for an operator who has referred a retention notice under subsection (1) to comply with the notice, so far as referred, until the Secretary of State has reviewed the notice in accordance with subsection (5).

[(4)ÌýÌýÌýÌý Where a telecommunications operator refers a retention notice under subsection (1)—

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

(b)ÌýÌýÌýÌý subsection (4A) applies to the operator,

until the

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