Investigatory Powers Act 2016 (c. 25)
Part 5 — Equipment interference
103
to the making of the modification as if the words “except where the person
making the modification considers that there is an urgent need to make it”
were omitted.
(11)
124
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.
Approval of modifications under section 123 in urgent cases
(1)
This section applies where—
(a) a modification is made under section 123 without the approval of a
Judicial Commissioner, and
(b) the person who made the modification considered that there was an
urgent need to make it.
(2)
The person who made the modification must inform a Judicial Commissioner
that it has been made.
(3)
The Judicial Commissioner 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 Judicial Commissioner’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the modification was made.
(4)
If the Judicial Commissioner refuses to approve the decision to make the
modification—
(a) the person who issued the warrant must be notified of the refusal,
(b) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and
(c) 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 section 108(5) does not apply in relation to the refusal to approve the
decision.
(5)
In a case where a Judicial Commissioner refuses to approve a decision to make
a modification of a targeted equipment interference warrant, the Judicial
Commissioner 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.
(6)
If the Judicial Commissioner authorises further interference with equipment
under subsection (5), the person who issued the warrant must be informed of
the authorisation.
(7)
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.