102
Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
(d)
(e)
(f)
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);
adding to the descriptions of types of equipment included in the
warrant in accordance with section 115(4)(a);
varying or removing a description of a type of equipment included in
the warrant in accordance with section 115(4)(a).
(3)
But where a 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.
(4)
A modification may be made only if—
(a) except in the case of a modification removing any matter, name or
description, the person making the modification considers that—
(i) the modification is necessary on any relevant grounds (see
subsection (5)), and
(ii) the conduct authorised by the modification is proportionate to
what is sought to be achieved by that conduct, and
(b) except where the person making the modification considers that there
is an urgent need to make it, the decision to make the modification has
been approved by a Judicial Commissioner.
(5)
In subsection (4)(a), “relevant grounds” means—
(a) in the case of a warrant issued under section 106(1), the purpose
mentioned in section 106(1)(a);
(b) in the case of a warrant issued under section 106(3), the purpose
mentioned in section 106(3)(a).
(6)
The decision to make any modification must be taken personally by the person
making the modification, and the instrument making the modification must be
signed by that person.
(7)
Section 108 (approval of warrants by Judicial Commissioners) applies in
relation to a decision to make a modification of a warrant issued under section
106 as it applies in relation to a decision to issue such a warrant, but as if—
(a) the references in subsection (1)(a) and (b) of that section to the warrant
were references to the modification, and
(b) any reference to the person who decided to issue the warrant were a
reference to the person who decided to make the modification.
(8)
Sections 111 to 114 (additional safeguards) apply in relation to the making of a
modification to a warrant under this section, other than a modification
removing any matter, name or description, as they apply in relation to the
issuing of a warrant.
(9)
In the application of section 111 in accordance with subsection (8), subsection
(5) is to be read as if for the words from “unless” to the end of the subsection
there were substituted “unless the law enforcement chief believes that the
warrant (as modified) would authorise interference only with equipment
which would be in Scotland at the time of the making of the modification or
which the law enforcement chief believes would be in Scotland at that time”.
(10)
Where section 111 applies in relation to the making of a modification to a
warrant under this section, subsection (4)(b) of this section has effect in relation