Part 5Equipment interference
Further provision about warrants
I1119Persons who may make modifications under section 118
1
The persons who may make modifications under section 118 of a warrant are (subject to subsection (2))—
a
in the case of a warrant issued by the Secretary of State under section 102 or 104—
i
the Secretary of State, or
ii
a senior official acting on behalf of the Secretary of State;
b
in the case of a warrant issued by the Scottish Ministers under section 103—
i
a member of the Scottish Government, or
ii
a senior official acting on behalf of the Scottish Ministers.
2
Any of the following persons may also make modifications under section 118 of a warrant, but only where the person considers that there is an urgent need to make the modification—
a
the person to whom the warrant is addressed;
b
a person who holds a senior position in the same public authority as the person mentioned in paragraph (a).
Section 122 contains provision about the approval of modifications made in urgent cases.
3
Subsection (2) is subject to section 120(4) and (5) (special rules where any of sections 111 to 114 applies in relation to the making of a modification under section 118).
4
For the purposes of subsection (2)(b), a person holds a senior position in a public authority if—
a
in the case of any of the intelligence services—
i
the person is a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty's Diplomatic Service, or
ii
the person holds a position in the intelligence service of equivalent seniority to such a person;
b
in the case of the Ministry of Defence—
i
the person is a member of the Senior Civil Service, or
ii
the person is of or above the rank of brigadier, commodore or air commodore.