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ACT Unit: pag1
Regulation of Investigatory Powers Act 2000
RA Proof 20.7.2000
c. 23
13
Part I
Chapter I
(5) Unscheduled parts of an interception warrant shall not be modified
under the hand of a senior official except in an urgent case in which—
(a) the Secretary of State has himself expressly authorised the
modification; and
(b) a statement of that fact is endorsed on the modifying instrument.
(6) Subsection (4) shall not authorise the making under the hand of
either—
(a) the person to whom the warrant is addressed, or
(b) any person holding a position subordinate to that person,
of any modification of any scheduled parts of an interception warrant.
(7) A section 8(4) certificate shall not be modified under the hand of a
senior official except in an urgent case in which—
(a) the official in question holds a position in respect of which he is
expressly authorised by provisions contained in the certificate to
modify the certificate on the Secretary of State’s behalf; or
(b) the Secretary of State has himself expressly authorised the
modification and a statement of that fact is endorsed on the
modifying instrument.
(8) Where modifications in accordance with this subsection are
expressly authorised by provision contained in the warrant, the scheduled
parts of an interception warrant may, in an urgent case, be modified by
an instrument under the hand of—
(a) the person to whom the warrant is addressed; or
(b) a person holding any such position subordinate to that person as
may be identified in the provisions of the warrant.
(9) Where—
(a) a warrant or certificate is modified by an instrument under the
hand of a person other than the Secretary of State, and
(b) a statement for the purposes of subsection (5)(b) or (7)(b) is
endorsed on the instrument, or the modification is made under
subsection (8),
that modification shall cease to have effect at the end of the fifth working
day following the day of the instrument’s issue.
(10) For the purposes of this section—
(a) the scheduled parts of an interception warrant are any provisions
of the warrant that are contained in a schedule of identifying
factors comprised in the warrant for the purposes of section
8(2); and
(b) the modifications that are modifications of the scheduled parts
of an interception warrant include the insertion of an additional
such schedule in the warrant;
and references in this section to unscheduled parts of an interception
warrant, and to their modification, shall be construed accordingly.
11.—(1) Effect may be given to an interception warrant either—
(a) by the person to whom it is addressed; or
Implementation of
warrants.