98
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(6)
119
Sections 119 to 122 contain further provision about making modifications
under this section.
Persons who may make modifications under section 118
(1)
The persons who may make modifications under section 118 of a warrant are
(subject to subsection (2))—
(a) in the case of a warrant issued by the Secretary of State under section
102 or 104—
(i) the Secretary of State, or
(ii) a senior official acting on behalf of the Secretary of State;
(b) in the case of a warrant issued by the Scottish Ministers under section
103—
(i) a member of the Scottish Government, or
(ii) a senior official acting on behalf of the Scottish Ministers.
(2)
Any of the following persons may also make modifications under section 118
of a warrant, but only where the person considers that there is an urgent need
to make the modification—
(a) the person to whom the warrant is addressed;
(b) a person who holds a senior position in the same public authority as the
person mentioned in paragraph (a).
Section 122 contains provision about the approval of modifications made in
urgent cases.
(3)
Subsection (2) is subject to section 120(4) and (5) (special rules where any of
sections 111 to 114 applies in relation to the making of a modification under
section 118).
(4)
For the purposes of subsection (2)(b), 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 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.
120
Further provision about modifications under section 118
(1)
A modification, other than a modification removing any matter, name or
description, may be made under section 118 only if the person making the
modification considers—
(a) that the modification is necessary on any relevant grounds (see
subsection (2)), and
(b) that the conduct authorised by the modification is proportionate to
what is sought to be achieved by that conduct.
(2)
In subsection (1)(a), “relevant grounds” means—