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Investigatory Powers Act 2016

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This is the original version (as it was originally enacted).

118Modification of warrants issued by the Secretary of State or Scottish Ministers

This section has no associated Explanatory Notes

(1)The provisions of a warrant issued under section 102, 103 or 104 may be modified at any time by an instrument issued by the person making the modification.

(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);

(d)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);

(e)adding to the descriptions of types of equipment included in the warrant in accordance with section 115(4)(a);

(f)varying or removing a description of a type of equipment included in the warrant in accordance with section 115(4)(a).

(3)But—

(a)where a targeted equipment interference 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;

(b)where a targeted examination warrant relates only to a matter specified in section 101(2)(a), the details included in the warrant in accordance with section 115(5) may not be modified.

(4)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 section 120(7).

(5)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.

(6)Sections 119 to 122 contain further provision about making modifications under this section.

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