30
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
(b)
that the conduct authorised by the modification is proportionate to
what is sought to be achieved by that conduct.
(2)
The modifications within this subsection are—
(a) a major modification adding the name or description of a person,
organisation or set of premises to which the warrant relates, and
(b) a minor modification adding any factor specified in the warrant in
accordance with section 31(8).
(3)
In subsection (1)(a) “relevant grounds” means—
(a) in the case of a warrant issued by the Secretary of State, grounds falling
within section 20;
(b) in the case of a warrant issued by the Scottish Ministers, grounds falling
within section 21(4);
and for the purposes of subsection (1) any reference to the Secretary of State in
section 20(3)(b) or the Scottish Ministers in section 21(4)(b) is to be read as a
reference to the person making the modification.
(4)
Sections 26 to 29 (additional safeguards) apply in relation to the making of a
major modification within subsection (2)(a) above as they apply in relation to
the issuing of a warrant.
(5)
Where section 26 applies in relation to the making of a major modification—
(a) the modification must be made by the Secretary of State, and
(b) the modification has effect only if the decision to make the modification
has been approved by a Judicial Commissioner.
(6)
Where section 27, 28 or 29 applies in relation to the making of a major
modification—
(a) the modification must be made by—
(i) the Secretary of State or (in the case of a warrant issued by the
Scottish Ministers) a member of the Scottish Government, or
(ii) if a senior official acting on behalf of a person within subparagraph (i) considers that there is an urgent need to make the
modification, that senior official, and
(b) except where the person making the modification considers that there
is an urgent need to make it, the modification has effect only if the
decision to make the modification has been approved by a Judicial
Commissioner.
(7)
In a case where any of sections 26 to 29 applies in relation to the making of a
major modification, section 23 (approval of warrants by Judicial
Commissioners) applies in relation to the decision to make the modification as
it applies in relation to a decision to issue a warrant, but as if—
(a) the references in subsection (1)(a) and (b) of that section to the warrant
were references to the modification,
(b) any reference to the person who decided to issue the warrant were a
reference to the person who decided to make the modification, and
(c) subsection (3) of this section applied for the purposes of subsection (1)
of that section as it applies for the purposes of subsection (1) of this
section.
Section 38 contains provision about the approval of major modifications made
in urgent cases.