150
Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
(b)
any other modification within that subsection is referred to as a “minor
modification”.
(4)
A major modification adding or varying any operational purpose—
(a) must be made by the Secretary of State, and
(b) may be made only if the Secretary of State considers that it is necessary
on any of the grounds on which the Secretary of State considers the
warrant to be necessary (see section 178(1)(b)).
(5)
A major modification adding or varying any description of conduct—
(a) must be made by the Secretary of State, and
(b) may be made only if the Secretary of State considers—
(i) that the modification is necessary on any of the grounds on
which the Secretary of State considers the warrant to be
necessary (see section 178(1)(b)), and
(ii) that the conduct authorised by the modification is
proportionate to what is sought to be achieved by that conduct.
(6)
Except where the Secretary of State considers that there is an urgent need to
make the modification, a major modification has effect only if the decision to
make the modification is approved by a Judicial Commissioner.
(7)
A minor modification may be made by—
(a) the Secretary of State, or
(b) a senior official acting on behalf of the Secretary of State.
(8)
Where a minor modification is made by a senior official, the Secretary of State
must be notified personally of the modification and the reasons for making it.
(9)
If at any time a person mentioned in subsection (7) considers that any
operational purpose specified in a warrant is no longer a purpose for which the
examination of material obtained under the warrant is or may be necessary, the
person must modify the warrant by removing that operational purpose.
(10)
The decision to modify the provisions of a warrant must be taken personally
by the person making the modification, and the instrument making the
modification must be signed by that person.
This is subject to subsection (11).
(11)
If it is not reasonably practicable for an instrument making a major
modification to be signed by the Secretary of State, the instrument may be
signed by a senior official designated by the Secretary of State for that purpose.
(12)
In such a case, the instrument making the modification must contain a
statement that—
(a) it is not reasonably practicable for the instrument to be signed by the
Secretary of State, and
(b) the Secretary of State has personally and expressly authorised the
making of the modification.
(13)
Despite section 176(1)(b) and (4)(a), the modification of a bulk equipment
interference warrant so that it no longer authorises or requires the securing of
interference with any equipment or the obtaining of any communications,
equipment data or other information does not prevent the warrant from being
a bulk equipment interference warrant.