Part 5

Equipment interference

Further provision about warrants

Modification of warrants issued by the Secretary of State or Scottish Ministers
118
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.
S. 118 in force at 27.6.2018 by S.I. 2018/652, reg. 9(h)