Part 5Equipment interference

Further provision about warrants

I1118Modification of warrants issued by the Secretary of State or Scottish Ministers

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.