Valid from 05/12/2018
(1)The provisions of a warrant issued under section 106 by a law enforcement chief, or by an appropriate delegate in relation to that chief, may be modified at any time—
(a)by the law enforcement chief, or
(b)if the warrant was issued by an appropriate delegate, by that person.
(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 where a 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.
(4)A modification may be made only if—
(a)except in the case of a modification removing any matter, name or description, the person making the modification considers that—
(i)the modification is necessary on any relevant grounds (see subsection (5)), and
(ii)the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct, and
(b)except where the person making the modification considers that there is an urgent need to make it, the decision to make the modification has been approved by a Judicial Commissioner.
(5)In subsection (4)(a), “relevant grounds” means—
(a)in the case of a warrant issued under section 106(1), the purpose mentioned in section 106(1)(a);
(b)in the case of a warrant issued under section 106(3), the purpose mentioned in section 106(3)(a).
(6)The decision to make any modification must be taken personally by the person making the modification, and the instrument making the modification must be signed by that person.
(7)Section 108 (approval of warrants by Judicial Commissioners) applies in relation to a decision to make a modification of a warrant issued under section 106 as it applies in relation to a decision to issue such a warrant, but as if—
(a)the references in subsection (1)(a) and (b) of that section to the warrant were references to the modification, and
(b)any reference to the person who decided to issue the warrant were a reference to the person who decided to make the modification.
(8)Sections 111 to 114 (additional safeguards) apply in relation to the making of a modification to a warrant under this section, other than a modification removing any matter, name or description, as they apply in relation to the issuing of a warrant.
(9)In the application of section 111 in accordance with subsection (8), subsection (5) is to be read as if for the words from “unless” to the end of the subsection there were substituted “ unless the law enforcement chief believes that the warrant (as modified) would authorise interference only with equipment which would be in Scotland at the time of the making of the modification or which the law enforcement chief believes would be in Scotland at that time ”.
(10)Where section 111 applies in relation to the making of a modification to a warrant under this section, subsection (4)(b) of this section has effect in relation 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)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.