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Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
Notification of modifications
(1)
As soon as is reasonably practicable after a person makes a modification of a
warrant under section 118, 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 to remove any matter, name or description included
in the warrant in accordance with section 115(3) to (5),
(b) the modification is made by virtue of section 119(2), or
(c) any of sections 111 to 114 applies in relation to the making of the
modification.
(3)
Where a modification is made by a senior official in accordance with section
119(1) or section 120(5)(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.
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Approval of modifications under section 118 made in urgent cases
(1)
This section applies where a person makes a modification of a warrant by
virtue of section 119(2).
(2)
This section also applies where—
(a) section 112, 113 or 114 applies in relation to the making of a
modification under section 118,
(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.
(4)
In this section—
“the appropriate person” is—
(a) in a case falling within subsection (1), a designated senior
official, and
(b) in a case falling within subsection (2), a Judicial Commissioner;
“designated senior official” means a senior official who has been
designated by the Secretary of State or (in the case of warrants issued
by the Scottish Ministers) the Scottish Ministers for the purposes of this
section.
(5)
The appropriate person must, before the end of the relevant period—
(a) decide whether to approve the decision to make the modification, and
(b) notify the person of the appropriate person’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the modification was made.
(6)
As soon as is reasonably practicable after a designated senior official makes a
decision under subsection (5)—
(a) a Judicial Commissioner must be notified of—
(i) the decision, and