Part 2: Lawful interception of communications Chapter 1: Interception and examination with a warrant Section 23: Approval of warrants by Judicial Commissioners
This section sets out the test that the Judicial Commissioner must apply when considering whether to approve a decision to issue a warrant. He or she must review the conclusions the Secretary of State (or the Scottish Ministers) came to regarding the necessity and proportionality of the warrant. In doing so the Judicial Commissioner must apply the same principles that a court would apply on an application for judicial review. The Judicial Commissioner must review the conclusions as to necessity and proportionality with sufficient care to comply with the general privacy duties set out in section 2.
	Subsection (4) makes clear that where a Commissioner refuses to approve a warrant he or she must set out written reasons for the refusal. This may allow the agency requesting the warrant to reconsider their application and what action they are seeking to take in order to meet any concerns expressed by the Commissioner.
	Subsection (5) sets out that the person who issued the warrant may ask the Investigatory Powers Commissioner to reconsider an application that a Judicial Commissioner has refused. Should the Investigatory Powers Commissioner also refuse to approve the warrant there is no right of appeal and the warrant cannot be issued.