Part 6: Bulk warrants Chapter 1: Bulk interception warrants Section 146: Approval of major modifications by Judicial Commissioners
This section sets out the test that a Judicial Commissioner must apply when considering whether to approve the making of a major modification to a bulk interception warrant.
	The Judicial Commissioner must review the Secretary of State’s decision as to whether making the modification is necessary. 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 Secretary of State’s conclusions with sufficient care to comply with the general privacy duties set out in section 2.
	Where a Judicial Commissioner refuses to approve the making of a modification, subsection (3) requires that they must set out written reasons for their refusal to the Secretary of State.
	Subsection (4) provides that the Secretary of State may ask the Investigatory Powers Commissioner to reconsider a decision to make a modification that a Judicial Commissioner has refused. Should the Investigatory Powers Commissioner also refuse the decision to make the modification there is no right of appeal and the modification cannot be made.