Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
97
(9)
Section 108 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to renew a warrant under this Part as it applies in relation
to a decision to issue such a warrant (and accordingly any reference in that
section to the person who decided to issue the warrant is to be read as a
reference to the person who decided to renew it).
(10)
Sections 111 to 114 (additional safeguards) apply in relation to a decision to
renew a warrant under this Part as they apply in relation to a decision to issue
such a warrant.
(11)
In this section—
“relevant period” has the same meaning as in section 116;
“urgent warrant” is to be read in accordance with subsection (3) of that
section.
118
Modification of warrants issued by the Secretary of State or Scottish
Ministers
(1)
The provisions of a warrant issued under section 102, 103 or 104 may be
modified at any time by an instrument issued by the person making the
modification.
(2)
The only modifications which may be made under this section are—
(a) adding to the matters to which the warrant relates (see section 101(1)
and (2)), by including the details required in relation to that matter by
section 115(3) or (5);
(b) removing a matter to which the warrant relates;
(c) adding (in relation to a matter to which the warrant relates) a name or
description to the names or descriptions included in the warrant in
accordance with section 115(3) or (5);
(d) varying or removing (in relation to a matter to which the warrant
relates) a name or description included in the warrant in accordance
with section 115(3) or (5);
(e) adding to the descriptions of types of equipment included in the
warrant in accordance with section 115(4)(a);
(f) varying or removing a description of a type of equipment included in
the warrant in accordance with section 115(4)(a).
(3)
But—
(a) where a targeted equipment interference warrant relates only to a
matter specified in section 101(1)(a), only to a matter specified in
section 101(1)(d), or only to both such matters, the details included in
the warrant in accordance with section 115(3) may not be modified;
(b) where a targeted examination warrant relates only to a matter specified
in section 101(2)(a), the details included in the warrant in accordance
with section 115(5) may not be modified.
(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 120(7).
(5)
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.