The Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018The Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018

Section 90(1) of the Investigatory Powers Act 2016 (c. 25) (“the Act”) provides that a person to whom a retention notice has been given may refer that notice back to the Secretary of State for review. Section 257(1) of the Act similarly makes provision that a person to whom a national security notice or technical capability notice has been given may refer that notice to the Secretary of State for review. Regulation 2 sets out the period within which, and the circumstances in which, a person given such a notice may refer it back to the Secretary of State for review. Regulation 3 provides for the membership of the Technical Advisory Board (the Board) which must be consulted by the Secretary of State before deciding a review.