Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(c)
(d)
(e)
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a senior official acting on behalf of the Secretary of State or (as the case
may be) the Scottish Ministers,
the person to whom the warrant is addressed, or
a person who holds a senior position in the same public authority as the
person mentioned in paragraph (d).
(3)
But if a person within subsection (2)(d) or (e) considers that there is an urgent
need to make a major modification, that person (as well as a person within
subsection (1)) may do so.
Section 38 contains provision about the approval of major modifications made
in urgent cases.
(4)
Subsections (1) and (3) are subject to section 36(5) and (6) (special rules where
any of sections 26 to 29 applies in relation to the making of a major
modification).
(5)
Subsections (2)(d) and (e) and (3) do not apply in the case of a mutual assistance
warrant addressed to a person falling within section 18(1)(h) (competent
authorities of overseas countries or territories).
(6)
For the purposes of subsection (2)(e) a person holds a senior position in a public
authority if—
(a) in the case of any of the intelligence services—
(i) the person is a member of the Senior Civil Service or a member
of the Senior Management Structure of Her Majesty’s
Diplomatic Service, or
(ii) the person holds a position in the intelligence service of
equivalent seniority to such a person;
(b) in the case of the National Crime Agency, the person is a National
Crime Agency officer of grade 2 or above;
(c) in the case of the metropolitan police force, the Police Service of
Northern Ireland or the Police Service of Scotland, a person is of or
above the rank of superintendent;
(d) in the case of Her Majesty’s Revenue and Customs, the person is a
member of the Senior Civil Service;
(e) in the case of the Ministry of Defence—
(i) the person is a member of the Senior Civil Service, or
(ii) the person is of or above the rank of brigadier, commodore or
air commodore.
(7)
In this section “senior official” means—
(a) in the case of a warrant issued by the Secretary of State, a member of the
Senior Civil Service or a member of the Senior Management Structure
of Her Majesty’s Diplomatic Service;
(b) in the case of a warrant issued by the Scottish Ministers, a member of
the staff of the Scottish Administration who is a member of the Senior
Civil Service.
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Further provision about modifications
(1)
A person may make a modification within subsection (2) only if the person
considers—
(a) that the modification is necessary on any relevant grounds (see
subsection (3)), and