Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
101
(ii)
(b)
if the senior official has decided to approve the decision to make
the modification, the modification in question, and
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 matters mentioned in paragraph (a)(i) and (ii).
(7)
If the appropriate person refuses to approve the decision to make the
modification—
(a) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and
(b) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
done under the warrant by virtue of that modification stops as soon as
possible;
and, in a case falling within subsection (2) above, section 108(5) does not apply
in relation to the refusal to approve the decision.
(8)
In a case where the appropriate person refuses to approve a decision to make
a modification of a targeted equipment interference warrant, the appropriate
person may authorise further interference with equipment for the purpose of
enabling the person to whom the warrant is addressed to secure that anything
in the process of being done under the warrant by virtue of the modification
stops as soon as possible.
(9)
If the appropriate person authorises further interference with equipment
under subsection (8), 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 authorisation.
(10)
Nothing in this section affects the lawfulness of—
(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect;
(b) if anything is in the process of being done under the warrant by virtue
of the modification when the modification ceases to have effect—
(i) anything done before that thing could be stopped, or
(ii) anything done which it is not reasonably practicable to stop.
123
Modification of warrants issued by law enforcement chiefs
(1)
The provisions of a warrant issued under section 106 by a law enforcement
chief, or by an appropriate delegate in relation to that chief, may be modified
at any time—
(a) by the law enforcement chief, or
(b) if the warrant was issued by an appropriate delegate, by that person.
(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);