Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
31
(8)
If, in a case where any of sections 26 to 29 applies in relation to the making of
a major modification, it is not reasonably practicable for the instrument making
the modification to be signed by the Secretary of State or (as the case may be) a
member of the Scottish Government in accordance with section 34(4), the
instrument may be signed by a senior official designated by the Secretary of
State or (as the case may be) the Scottish Ministers for that purpose.
(9)
In such a case, the instrument making the modification must contain a
statement that—
(a) it is not reasonably practicable for the instrument to be signed by the
person who took the decision to make the modification, and
(b) the Secretary of State or (as the case may be) a member of the Scottish
Government has personally and expressly authorised the making of the
modification.
(10)
If at any time a person mentioned in section 35(2) considers that any factor
specified in a warrant in accordance with section 31(8) is no longer relevant for
identifying communications which, in the case of that warrant, are likely to be,
or to include, communications falling within section 31(9)(a) or (b), the person
must modify the warrant by removing that factor.
(11)
In this section “senior official” has the same meaning as in section 35.
37
Notification of major modifications
(1)
As soon as is reasonably practicable after a person makes a major modification
of a warrant under this Chapter, a Judicial Commissioner must be notified of
the modification and the reasons for making it.
(2)
But subsection (1) does not apply where—
(a) the modification is made by virtue of section 35(3), or
(b) any of sections 26 to 29 applies in relation to the making of the
modification.
(3)
Where a major modification is made by a senior official in accordance with
section 35(1) or section 36(6)(a)(ii), the Secretary of State or (in the case of a
warrant issued by the Scottish Ministers) a member of the Scottish Government
must be notified personally of the modification and the reasons for making it.
(4)
In this section “senior official” has the same meaning as in section 35.
38
Approval of major modifications made in urgent cases
(1)
This section applies where a person makes a major modification of a warrant
under this Chapter by virtue of section 35(3).
(2)
This section also applies where—
(a) section 27, 28 or 29 applies in relation to the making of a major
modification of a warrant under this Chapter,
(b) the person making the modification does so without the approval of a
Judicial Commissioner, and
(c) the person considered that there was an urgent need to make the
modification.
(3)
The person who made the modification must inform the appropriate person
that it has been made.