Part 2

Lawful interception of communications
CHAPTER 1

Interception and examination with a warrant

Further provision about warrants

Persons who may make modifications
35
1
A major modification may be made by—
a
the Secretary of State, in the case of a warrant issued by the Secretary of State,
b
a member of the Scottish Government, in the case of a warrant issued by the Scottish Ministers, or
c
a senior official acting on behalf of the Secretary of State or (as the case may be) the Scottish Ministers.
2
A minor modification may be made by—
a
the Secretary of State, in the case of a warrant issued by the Secretary of State,
b
a member of the Scottish Government, in the case of a warrant issued by the Scottish Ministers,
c
a senior official acting on behalf of the Secretary of State or (as the case may be) the Scottish Ministers,
d
the person to whom the warrant is addressed, or
e
a person who holds a senior position in the same public authority as the person mentioned in paragraph (d).
3
But if a person within subsection (2)(d) or (e) considers that there is an urgent need to make a major modification, that person (as well as a person within subsection (1)) may do so.
Section 38 contains provision about the approval of major modifications made in urgent cases.
4
Subsections (1) and (3) are subject to section 36(5) and (6) (special rules where any of sections 26 to 29 applies in relation to the making of a major modification).
5
Subsections (2)(d) and (e) and (3) do not apply in the case of a mutual assistance warrant addressed to a person falling within section 18(1)(h) (competent authorities of overseas countries or territories).
6
For the purposes of subsection (2)(e) 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 National Crime Agency, the person is a National Crime Agency officer of grade 2 or above;
c
in the case of the metropolitan police force, the Police Service of Northern Ireland or the Police Service of Scotland, a person is of or above the rank of superintendent;
d
in the case of Her Majesty's Revenue and Customs, the person is a member of the Senior Civil Service;
e
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.
7
In this section “senior official” means—
a
in the case of a warrant issued by the Secretary of State, a member of the Senior Civil Service or a member of the Senior Management Structure of Her Majesty's Diplomatic Service;
b
in the case of a warrant issued by the Scottish Ministers, a member of the staff of the Scottish Administration who is a member of the Senior Civil Service.
S. 35(1)-(5)(6)(a)(e)(7) in force at 27.6.2018 by S.I. 2018/652, reg. 8(g)
S. 35(6)(b)-(d) in force at 26.9.2018 by S.I. 2018/940, reg. 3(c)