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Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
“urgent warrant” is to be read in accordance with subsection (3) of that
section.
(10)
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This section is subject to section 40 (special rules for certain mutual assistance
warrants).
Modification of warrants
(1)
The provisions of a warrant issued under this Chapter may be modified at any
time by an instrument issued by the person making the modification.
(2)
The only modifications that may be made under this section are—
(a) adding, varying or removing the name or description of a person,
organisation or set of premises to which the warrant relates, and
(b) adding, varying or removing any factor specified in the warrant in
accordance with section 31(8).
(3)
But a warrant may not be modified as mentioned in subsection (2)(a) if it relates
only to a particular person or organisation, or to a single set of premises, as
mentioned in section 17(1).
(4)
The decision to modify the provisions of a warrant must be taken personally
by the person making the modification, and the instrument making the
modification must be signed by that person.
This is subject to section 36(8).
(5)
In this Chapter—
(a) a modification adding or varying a name or description as mentioned
in paragraph (a) of subsection (2) is referred to as a “major
modification”, and
(b) any other modification within that subsection is referred to as a “minor
modification”.
(6)
Nothing in this section applies in relation to modifying the provisions of a
warrant in a way which does not affect the conduct authorised or required by
it.
(7)
Sections 35 to 38 contain further provision about making modifications under
this section.
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Persons who may make modifications
(1)
A major modification may be made by—
(a) the Secretary of State, in the case of a warrant issued by the Secretary of
State,
(b) a member of the Scottish Government, in the case of a warrant issued
by the Scottish Ministers, or
(c) a senior official acting on behalf of the Secretary of State or (as the case
may be) the Scottish Ministers.
(2)
A minor modification may be made by—
(a) the Secretary of State, in the case of a warrant issued by the Secretary of
State,
(b) a member of the Scottish Government, in the case of a warrant issued
by the Scottish Ministers,