Investigatory Powers Bill (HC Bill 2)

would be in Scotland at the time of the issue of the warrant or whom the
Secretary of State believes would be in Scotland at that time.

For the power of the Scottish Ministers to issue a targeted examination
warrant, see section 92.

(5) 5A warrant is necessary on grounds falling within this subsection if it is
necessary—

(a) in the interests of national security,

(b) for the purpose of preventing or detecting serious crime, or

(c) in the interests of the economic well-being of the United Kingdom so
10far as those interests are also relevant to the interests of national
security.

(6) A warrant may be considered necessary on the ground falling within
subsection (5)(c) only if the interference with equipment which would be
authorised by the warrant is considered necessary for the purpose of obtaining
15information relating to the acts or intentions of persons outside the British
Islands.

(7) The matters to be taken into account in considering whether the conditions in
paragraphs (a) and (b) of subsection (1) are met include whether what is sought
to be achieved by the warrant could reasonably be achieved by other means.

(8) 20An application for the issue of a warrant under this section may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.

(9) Nothing in subsection (2) or (4) prevents the Secretary of State from doing
anything under this section for the purposes specified in section 2(2) of the
25European Communities Act 1972.

92 Power to issue warrants to intelligence services: the Scottish Ministers

(1) The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted equipment interference warrant if—

(a) the warrant authorises interference only with equipment which is in
30Scotland at the time the warrant is issued or which the Scottish
Ministers believe to be in Scotland at that time,

(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,

(c) the Scottish Ministers consider that the conduct authorised by the
35warrant is proportionate to what is sought to be achieved by that
conduct,

(d) the Scottish Ministers consider that satisfactory arrangements made for
the purposes of sections 112 and 113 (safeguards relating to disclosure
etc.) are in force in relation to the warrant, and

(e) 40except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(2) The Scottish Ministers may, on an application made by or on behalf of the head
of an intelligence service, issue a targeted examination warrant if—

(a) 45the warrant relates only to a person who is in Scotland, or whom the
Scottish Ministers believe to be in Scotland, at the time of the issue of
the warrant,

(b) the Scottish Ministers consider that the warrant is necessary for the
purpose of preventing or detecting serious crime,

(c) the Scottish Ministers consider that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
5conduct,

(d) the Scottish Ministers consider that the warrant is or may be necessary
to authorise the selection of protected material in breach of the
prohibition in section 170(4) (prohibition on seeking to identify
communications of, or private information relating to, individuals in
10the British Islands), and

(e) except where the Scottish Ministers consider that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(3) The matters to be taken into account in considering whether the conditions in
15paragraphs (b) and (c) of subsection (1) are met include whether what is sought
to be achieved by the warrant could reasonably be achieved by other means.

(4) An application for the issue of a warrant under this section may only be made
on behalf of the head of an intelligence service by a person holding office under
the Crown.

93 20Power to issue warrants to the Chief of Defence Intelligence

(1) The Secretary of State may, on an application made by or on behalf of the Chief
of Defence Intelligence, issue a targeted equipment interference warrant if—

(a) the Secretary of State considers that the warrant is necessary in the
interests of national security,

(b) 25the Secretary of State considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) the Secretary of State considers that satisfactory arrangements made for
the purposes of sections 112 and 113 (safeguards relating to disclosure
30etc.) are in force in relation to the warrant, and

(d) except where the Secretary of State considers that there is an urgent
need to issue the warrant, the decision to issue the warrant has been
approved by a Judicial Commissioner.

(2) The matters to be taken into account in considering whether the conditions in
35paragraphs (a) and (b) of subsection (1) are met include whether what is sought
to be achieved by the warrant could reasonably be achieved by other means.

(3) An application for the issue of a warrant under this section may only be made
on behalf of the Chief of Defence Intelligence by a person holding office under
the Crown.

94 40Members of Parliament etc.

(1) This section applies where—

(a) an application is made to the Secretary of State for a targeted
equipment interference warrant, and

(b) the purpose of the warrant is to obtain—

(i) 45communications sent by, or intended for, a person who is a
member of a relevant legislature, or

(ii) a member of a relevant legislature’s private information.

(2) This section also applies where—

(a) an application is made to the Secretary of State for a targeted
examination warrant, and

(b) 5the purpose of the warrant is to authorise the selection for examination
of protected material which consists of—

(i) communications sent by, or intended for, a person who is a
member of a relevant legislature, or

(ii) a member of a relevant legislature’s private information.

(3) 10Before deciding whether to issue the warrant, the Secretary of State must
consult the Prime Minister.

(4) In this section “member of a relevant legislature” means—

(a) a member of either House of Parliament;

(b) a member of the Scottish Parliament;

(c) 15a member of the National Assembly for Wales;

(d) a member of the Northern Ireland Assembly;

(e) a member of the European Parliament elected for the United Kingdom.

95 Decision to issue warrants under sections 91 to 93 to be taken personally by
Ministers

(1) 20The decision to issue a warrant under section 91 or 93 must be taken personally
by the Secretary of State.

(2) The decision to issue a warrant under section 92 must be taken personally by a
member of the Scottish Government.

(3) Before a warrant under section 91, 92 or 93 is issued, it must be signed by the
25person who has taken the decision to issue it (subject to subsection (4)).

(4) If it is not reasonably practicable for a warrant to be signed by the person who
has taken the decision to issue it, the warrant may be signed by a senior official
designated by the Secretary of State or (as the case may be) the Scottish
Ministers for that purpose.

(5) 30In such a case, the warrant must contain a statement that—

(a) it is not reasonably practicable for the warrant to be signed by the
person who took the decision to issue it, and

(b) the Secretary of State or (as the case may be) a member of the Scottish
Government has personally and expressly authorised the issue of the
35warrant.

96 Power to issue warrants to law enforcement officers

(1) A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may,
on an application made by a person who is an appropriate law enforcement
officer in relation to the chief, issue a targeted equipment interference warrant
40if—

(a) the law enforcement chief considers that the warrant is necessary for
the purpose of preventing or detecting serious crime,

(b) the law enforcement chief considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) the law enforcement chief considers that satisfactory arrangements
5made for the purposes of sections 112 and 113 (safeguards relating to
disclosure etc.) are in force in relation to the warrant, and

(d) except where the law enforcement chief considers that there is an
urgent need to issue the warrant, the decision to issue the warrant has
been approved by a Judicial Commissioner.

(2) 10A law enforcement chief described in Part 1 of the table in Schedule 6 may, on
an application made by a person who is an appropriate law enforcement officer
in relation to the chief, issue a targeted equipment interference warrant if—

(a) the law enforcement chief considers that the warrant is necessary for
the purpose of preventing death or any injury or damage to a person’s
15physical or mental health or of mitigating any injury or damage to a
person’s physical or mental health,

(b) the law enforcement chief considers that the conduct authorised by the
warrant is proportionate to what is sought to be achieved by that
conduct,

(c) 20the law enforcement chief considers that satisfactory arrangements
made for the purposes of sections 112 and 113 (safeguards relating to
disclosure etc.) are in force in relation to the warrant, and

(d) except where the law enforcement chief considers that there is an
urgent need to issue the warrant, the decision to issue the warrant has
25been approved by a Judicial Commissioner.

(3) If it is not reasonably practicable for a law enforcement chief to consider an
application under this section, an appropriate delegate may, in an urgent case,
exercise the power to issue a targeted equipment interference warrant.

(4) For the purposes of this section—

(a) 30a person is a law enforcement chief if the person is listed in the first
column of the table in Schedule 6;

(b) a person is an appropriate delegate in relation to a law enforcement
chief listed in the first column if the person is listed in the
corresponding entry in the second column of that table;

(c) 35a person is an appropriate law enforcement officer in relation to a law
enforcement chief listed in the first column if the person is listed in the
corresponding entry in the third column of that table.

(5) Where the law enforcement chief is the Chief Constable or the Deputy Chief
Constable of the Police Service of Northern Ireland, the reference in subsection
40(1)(a) to the purpose of preventing or detecting serious crime includes a
reference to the interests of national security.

(6) A law enforcement chief who is an immigration officer may consider that the
condition in subsection (1)(a) is satisfied only if the serious crime relates to an
offence which is an immigration or nationality offence (whether or not it also
45relates to other offences).

(7) A law enforcement chief who is an officer of Revenue and Customs may
consider that the condition in subsection (1)(a) is satisfied only if the serious
crime relates to an assigned matter within the meaning of section 1(1) of the
Customs and Excise Management Act 1979.

(8) A law enforcement chief who is a designated customs official may consider
that the condition in subsection (1)(a) is satisfied only if the serious crime
relates to a matter in respect of which a designated customs official has
functions.

(9) 5A law enforcement chief who is the chair of the Competition and Markets
Authority may consider that the condition in subsection (1)(a) is satisfied only
if the offence, or all of the offences, to which the serious crime relates are
offences under section 188 of the Enterprise Act 2002.

(10) A law enforcement chief who is the Police Investigations and Review
10Commissioner may consider that the condition in subsection (1)(a) is satisfied
only if the offence, or all of the offences, to which the serious crime relates are
offences that are being investigated under section 33A(b)(i) of the Police, Public
Order and Criminal Justice (Scotland) Act 2006.

(11) The matters to be taken into account in considering whether the conditions in
15paragraphs (a) and (b) of subsection (1) or (2) are met include whether what is
sought to be achieved by the warrant could reasonably be achieved by other
means.

(12) For the purpose of subsection (6), an offence is an immigration or nationality
offence if conduct constituting the offence—

(a) 20relates to the entitlement of one or more persons who are not nationals
of the United Kingdom to enter, transit across, or be in, the United
Kingdom (including conduct which relates to conditions or other
controls on any such entitlement), or

(b) is undertaken for the purposes of or otherwise in relation to—

(i) 25the British Nationality Act 1981;

(ii) the Hong Kong Act 1985;

(iii) the Hong Kong (War Wives and Widows) Act 1996;

(iv) the British Nationality (Hong Kong) Act 1997;

(v) the British Overseas Territories Act 2002;

(vi) 30an instrument made under any of those Acts.

(13) In this section—

• “designated customs official” has the same meaning as in Part 1 of the
  Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that
  Act);

• 35“immigration officer” means a person appointed as an immigration
  officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

Approval of warrants by Judicial Commissioners

97 Approval of warrants by Judicial Commissioners

(1) In deciding whether to approve a person’s decision to issue a warrant under
40this Part, a Judicial Commissioner must review the person’s conclusions as to
the following matters—

(a) whether the warrant is necessary on any relevant grounds (see
subsection (3)), and

(b) whether the conduct which would be authorised by the warrant is
45proportionate to what is sought to be achieved by that conduct.

(2) In doing so, the Judicial Commissioner must apply the same principles as
would be applied by a court on an application for judicial review.

(3) In subsection (1)(a), “relevant grounds” means—

(a) in the case of a decision to issue a warrant under section 91, grounds
5falling within section 91(5);

(b) in the case of a decision to issue a warrant under section 92, the purpose
of preventing or detecting serious crime;

(c) in the case of a decision to issue a warrant under section 93, the interests
of national security;

(d) 10in the case of a decision to issue a warrant under section 96(1), the
purpose mentioned in section 96(1)(a);

(e) in the case of a decision to issue a warrant under section 96(2), the
purpose mentioned in section 96(2)(a).

(4) Where a Judicial Commissioner refuses to approve a person’s decision to issue
15a warrant under this Part, the Judicial Commissioner must give the person
written reasons for the refusal.

(5) Where a Judicial Commissioner, other than the Investigatory Powers
Commissioner, refuses to approve a person’s decision to issue a warrant under
this Part, the person may ask the Investigatory Powers Commissioner to decide
20whether to approve the decision to issue the warrant.

98 Approval of warrants issued in urgent cases

(1) This section applies where—

(a) a warrant under this Part is issued without the approval of a Judicial
Commissioner, and

(b) 25the person who issued the warrant considered that there was an urgent
need to issue it.

(2) The person who issued the warrant must inform a Judicial Commissioner that
it has been issued.

(3) The Judicial Commissioner must, before the end of the relevant period—

(a) 30decide whether to approve the decision to issue the warrant, and

(b) notify the person of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the third working day
after the day on which the warrant was issued.

(4) If a Judicial Commissioner refuses to approve the decision to issue a warrant,
35the warrant—

(a) ceases to have effect (unless already cancelled), and

(b) may not be renewed.

(5) Section 99 contains further provision about what happens if a Judicial
Commissioner refuses to approve the decision to issue a warrant.

99 40Failure to approve warrant issued in urgent case

(1) This section applies where under section 98(3) a Judicial Commissioner refuses
to approve the decision to issue a warrant.

(2) The person to whom the warrant was addressed must, so far as is reasonably
practicable, secure that anything in the process of being done under the
warrant stops as soon as possible.

(3) Where the refusal relates to a targeted equipment interference warrant, the
5Judicial Commissioner may—

(a) authorise further interference with equipment for the purpose of
enabling the person to whom the warrant was addressed to secure that
anything in the process of being done under the warrant stops as soon
as possible;

(b) 10direct that any of the material obtained under the warrant is destroyed;

(c) impose conditions as to the use or retention of any of that material.

(4) Where the refusal relates to a targeted examination warrant, the Judicial
Commissioner may impose conditions as to the use of any protected material
selected for examination under the warrant.

(5) 15The Judicial Commissioner—

(a) may require an affected party to make representations about how the
Judicial Commissioner should exercise any function under subsection
(3) or (4), and

(b) must have regard to any such representations made by an affected
20party (whether or not as a result of a requirement imposed under
paragraph (a)).

(6) Each of the following is an “affected party” for the purposes of subsection (5)—

(a) the person who decided to issue the warrant;

(b) the person to whom the warrant was addressed.

(7) 25The person who decided to issue the warrant may ask the Investigatory
Powers Commissioner to review a decision made by any other Judicial
Commissioner under subsection (3) or (4).

(8) On a review under subsection (7), the Investigatory Powers Commissioner
may—

(a) 30confirm the Judicial Commissioner’s decision, or

(b) make a fresh determination.

(9) Nothing in this section or section 98 affects the lawfulness of—

(a) anything done under the warrant before it ceases to have effect;

(b) if anything is in the process of being done under the warrant when it
35ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done that it is not reasonably practicable to stop.

Additional safeguards

100 Items subject to legal privilege

(1) 40Subsections (2) and (3) apply if—

(a) an application is made for a warrant under this Part, and

(b) the purpose, or one of the purposes, of the warrant is—

(i) in the case of a targeted equipment interference warrant, to
authorise or require interference with equipment for the
purpose of obtaining items subject to legal privilege, or

(ii) in the case of a targeted examination warrant, to authorise the
5selection of such items for examination.

(2) The application must contain a statement that the purpose, or one of the
purposes, of the warrant is to authorise or require interference with equipment
for the purpose of obtaining items subject to legal privilege or (in the case of a
targeted examination warrant) the selection for examination of items subject to
10legal privilege.

(3) The person to whom the application is made may issue the warrant only if the
person considers—

(a) that there are exceptional and compelling circumstances which make it
necessary to authorise or require interference with equipment for the
15purpose of obtaining items subject to legal privilege or (in the case of a
targeted examination warrant) the selection for examination of items
subject to legal privilege, and

(b) that the arrangements made for the purposes of section 112 or (as the
case may be) section 168 (safeguards relating to retention and
20disclosure of material) include specific arrangements for the handling,
retention, use and destruction of such items.

(4) Subsections (5) and (6) apply if—

(a) an application is made for a warrant under this Part,

(b) the applicant considers that the relevant material is likely to include
25items subject to legal privilege, and

(c) subsections (2) and (3) do not apply.

(5) The application must contain—

(a) a statement that the applicant considers that the relevant material is
likely to include items subject to legal privilege, and

(b) 30an assessment of how likely it is that the relevant material will include
such items.

(6) The person to whom the application is made may issue the warrant only if the
person considers that the arrangements made for the purposes of section 112
or (as the case may be) section 168 include specific arrangements for the
35handling, retention, use and destruction of items subject to legal privilege.

(7) In this section, “relevant material” means—

(a) in relation to a targeted equipment interference warrant, any material
the obtaining of which is authorised or required under the warrant;

(b) in relation to a targeted examination warrant, any protected material
40which the warrant authorises to be selected for examination.

Further provision about warrants

101 Requirements which must be met by warrants

(1) A warrant under this Part must contain a provision stating whether it is a
targeted equipment interference warrant or a targeted examination warrant.

(2) 45A warrant under this Part must be addressed—

(a) in the case of a warrant issued under section 91 or 92, to the head of the
intelligence service by whom or on whose behalf the application for the
warrant was made;

(b) in the case of a warrant issued under section 93, to the Chief of Defence
5Intelligence;

(c) in the case of a warrant issued under section 96 by a law enforcement
chief (or by an appropriate delegate in relation to a law enforcement
chief), to a person who—

(i) is an appropriate law enforcement officer in relation to the law
10enforcement chief, and

(ii) is named or described in the warrant.

(3) In the case of a targeted equipment interference warrant which relates to a
matter described in the first column of the Table below, the warrant must
include the details specified in the second column.

(4) A targeted equipment interference warrant must also describe—

(a) 20the type of equipment which is to be interfered with, and

(b) the conduct which the person to whom the warrant is addressed is
authorised to take.

(5) In the case of a targeted examination warrant which relates to a matter
described in the first column of the Table below, the warrant must include the
25details specified in the second column.

102 Duration of warrants

(1) A warrant issued under this Part ceases to have effect at the end of the relevant
15period (see subsection (2)), unless—

(a) it is renewed before the end of that period (see section 103), or

(b) it is cancelled or otherwise ceases to have effect before the end of that
period (see sections 98 and 108).

(2) In this section, “the relevant period”—

(a) 20in the case of an urgent warrant which has not been renewed, means the
period ending with the fifth working day after the day on which the
warrant was issued;

(b) in any other case, means the period of 6 months beginning with—

(i) the day on which the warrant was issued, or

(ii) 25in the case of a warrant which has been renewed, the day after
the day at the end of which the warrant would have ceased to
have effect if it had not been renewed.

(3) For the purposes of subsection (2)(a), a warrant is an “urgent warrant” if—

(a) the warrant was issued without the approval of a Judicial
30Commissioner, and

(b) the person who decided to issue the warrant considered that there was
an urgent need to issue it.

103 Renewal of warrants

(1) If the renewal conditions are met, a warrant issued under this Part may be
35renewed, at any time before the end of the relevant period, by an instrument
issued by the appropriate person (see subsection (3)).

(2) The renewal conditions are—

(a) that the appropriate person considers that the warrant continues to be
necessary on any relevant grounds,

(b) 40that the appropriate person considers that the conduct that would be
authorised by the warrant continues to be proportionate to what is
sought to be achieved by that conduct,

(c) that, in the case of a targeted examination warrant, the appropriate
person considers that the warrant continues to be necessary to

authorise the selection of protected material for examination in breach
of the prohibition in section 170(4), and

(d) that the decision to renew the warrant has been approved by a Judicial
Commissioner.

(3) 5The appropriate person is—

(a) in the case of a warrant issued under section 91 or 93, the Secretary of
State;

(b) in the case of a warrant issued under section 92, a member of the
Scottish Government;

(c) 10in the case of a warrant issued under section 96 by a law enforcement
chief or by an appropriate delegate in relation to the law enforcement
chief, either—

(i) the law enforcement chief, or

(ii) if the warrant was issued by an appropriate delegate, that
15person.

(4) In subsection (2)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 91, grounds falling within
section 91(5),

(b) in the case of a warrant issued under section 92, the purpose of
20preventing or detecting serious crime,

(c) in the case of a warrant issued under section 93, the interests of national
security,

(d) in the case of a warrant to be issued under section 96(1), the purpose
mentioned in section 96(1)(a), or

(e) 25in the case of a warrant to be issued under section 96(2), the purpose
mentioned in section 96(2)(a).

(5) The decision to renew a warrant issued under section 91 or 93 must be taken
personally by the Secretary of State, and the instrument renewing the warrant
must be signed by the Secretary of State.

(6) 30The decision to renew a warrant issued under section 92 must be taken
personally by a member of the Scottish Government, and the instrument
renewing the warrant must be signed by the person who took that decision.

(7) The instrument renewing a warrant issued under section 96 must be signed by
the person who renews it.

(8) 35Section 94 (Members of Parliament etc.) applies in relation to a decision to
renew a warrant under this Part issued by the Secretary of State as it applies in
relation to a decision to issue such a warrant.

(9) Section 97 (approval of warrants by Judicial Commissioners) applies in relation
to a decision to renew a warrant under this Part as it applies in relation to a
40decision to issue such a warrant (and accordingly any reference in that section
to the person who decided to issue the warrant is to be read as a reference to
the person who decided to renew it).

(10) Section 100 (items subject to legal privilege) applies in relation to a decision to
renew a warrant under this Part as it applies in relation to a decision to issue
45such a warrant.

(11) In this section, “relevant period” has the same meaning as in section 102.

104 Modification of warrants issued by the Secretary of State or Scottish
Ministers

(1) The provisions of a warrant issued under section 91, 92 or 93 may be modified
at any time by an instrument issued by the person making the modification.

(2) 5The only modifications which may be made under this section are—

(a) adding to the matters to which the warrant relates (see section 90(1) and
(2)), by including the details required in relation to that matter by
section 101(3) or (5);

(b) removing a matter to which the warrant relates;

(c) 10adding (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 101(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
15with section 101(3) or (5);

(e) adding to the descriptions of types of equipment included in the
warrant in accordance with section 101(4)(a);

(f) varying or removing a description of a type of equipment included in
the warrant in accordance with section 101(4)(a).

(3) 20The 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.

(4) A modification may be made only if the person making the modification
considers that—

(a) 25the warrant as modified continues to be necessary on any relevant
grounds (see subsection (5)), and

(b) the conduct authorised by the warrant as so modified is proportionate
to what is sought to be achieved by that conduct.

(5) In subsection (4)(a), “relevant grounds” means—

(a) 30in the case of a warrant issued under section 91, grounds falling within
section 91(5);

(b) in the case of a warrant issued under section 92, the purpose of
preventing or detecting serious crime;

(c) in the case of a warrant issued under section 93, the interests of national
35security.

(6) The persons who may make modifications under this section of a warrant are
(subject to subsection (7))—

(a) in the case of a warrant issued by the Secretary of State under section 91
or 93—

(i) 40the 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
92—

(i) a member of the Scottish Government, or

(ii) 45a senior official acting on behalf of the Scottish Ministers.

(7) Any of the following persons may also make modifications under this section
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 105 contains provision about the approval of modifications made in
5urgent cases.

(8) For the purposes of subsection (7)(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
10of 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) 15the 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.

(9) Section 94 (Members of Parliament etc.) applies in relation to a decision to
make a modification of a warrant issued under section 91 or 93 which is of a
20kind described in subsection (2)(a), (c) or (e) as it applies in relation to a
decision to issue such a warrant; and accordingly where that section applies
only the Secretary of State may make the modification.

(10) Section 100 (items subject to legal privilege) applies in relation to a decision to
make a modification of a warrant issued under section 91, 92 or 93 which is of
25a kind described in subsection (2)(a), (c) or (e) as it applies in relation to a
decision to issue such a warrant.

(11) Where a senior official has made a modification of a warrant issued under
section 91 or 93, the Secretary of State must be notified personally of the
modification and the reasons for making it.

(12) 30Where a senior official has made a modification of a warrant issued under
section 92, a member of the Scottish Government must be notified personally
of the modification and the reasons for making it.

(13) 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
35it.

105 Approval of modifications under section 104 made in urgent cases

(1) This section applies where a person makes a modification of a warrant by
virtue of section 104(7).

(2) The person who made the modification must inform a designated senior
40official that it has been made.

(3) In this section, “designated senior official” means a senior official who has been
designated by the Secretary of State or (in the case of warrants issued by the
Scottish Ministers) the Scottish Ministers for the purposes of this section.

(4) In addition, the Secretary of State or (in the case of a warrant issued by the
45Scottish Ministers) a member of the Scottish Government must be notified
personally of the modification and the reasons for making it.

(5) The designated senior official must, before the end of the relevant period—

(a) decide whether to approve the decision to make the modification, and

(b) notify the person of the senior official’s decision.

“The relevant period” means the period ending with the fifth working day after
5the day on which the modification was made.

(6) If the designated senior official refuses to approve the decision to make the
modification—

(a) the Secretary of State or (in the case of a warrant issued by the Scottish
Ministers) a member of the Scottish Government must be notified
10personally of the refusal,

(b) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and

(c) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
15done under the warrant by virtue of that modification stops as soon as
possible.

(7) In a case where a designated senior official refuses to approve a decision to
make a modification of a targeted equipment interference warrant, the
designated senior official may authorise further interference with equipment
20for the purpose of enabling the person to whom the warrant is addressed to
secure that anything in the process of being done under the warrant by virtue
of the modification stops as soon as possible.

(8) If the designated senior official authorises further interference with equipment
under subsection (7), the Secretary of State or (in the case of a warrant issued
25by the Scottish Ministers) a member of the Scottish Government must be
notified personally of the authorisation.

(9) Nothing in this section affects the lawfulness of—

(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect;

(b) 30if anything is in the process of being done under the warrant by virtue
of the modification when the modification ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done which it is not reasonably practicable to stop.

106 Modification of warrants issued by law enforcement chiefs

(1) 35The provisions of a warrant issued under section 96 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) 40The only modifications which may be made under this section are—

(a) adding to the matters to which the warrant relates (see section 90(1) and
(2)), by including the details required in relation to that matter by
section 101(3) or (5);

(b) removing a matter to which the warrant relates;

(c) 45adding (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 101(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 101(3) or (5);

(e) adding to the descriptions of types of equipment included in the
5warrant in accordance with section 101(4)(a);

(f) varying or removing a description of a type of equipment included in
the warrant in accordance with section 101(4)(a).

(3) A modification may be made only if—

(a) the person making the modification considers that—

(i) 10the warrant as modified continues to be necessary on any
relevant grounds (see subsection (4)), and

(ii) the conduct authorised by the warrant as so modified is
proportionate to what is sought to be achieved by that conduct,
and

(b) 15except 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.

(4) In subsection (3)(a), “relevant grounds” means—

(a) in the case of a warrant issued under section 96(1), the purpose
20mentioned in section 96(1)(a);

(b) in the case of a warrant issued under section 96(2), the purpose
mentioned in section 96(2)(a).

(5) The decision to make any modification must be taken personally by the person
making the modification, and the instrument making the modification must be
25signed by that person.

(6) Section 97 (approval of warrants by Judicial Commissioners) applies in relation
to a decision to make a modification of a warrant issued under section 96 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
30were references to the warrant as modified, 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.

(7) Section 100 (items subject to legal privilege) applies in relation to a decision to
make a modification of a warrant issued under section 96 which is of a kind
35described in subsection (2)(a), (c) or (e) as it applies in relation to a decision to
issue such a warrant.

(8) 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.

107 40Approval of modifications under section 106 in urgent cases

(1) This section applies where—

(a) a modification is made under section 106 without the approval of a
Judicial Commissioner, and

(b) the person who made the modification considered that there was an
45urgent need to make it.

(2) The person who made the modification must inform a Judicial Commissioner
that it has been made.

(3) The Judicial Commissioner must, before the end of the relevant period—

(a) decide whether to approve the decision to make the modification, and

(b) 5notify the person of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the fifth working day after
the day on which the modification was made.

(4) If the Judicial Commissioner refuses to approve the decision to make the
modification—

(a) 10the person who issued the warrant must be notified of the refusal,

(b) the warrant (unless it no longer has effect) has effect as if the
modification had not been made, and

(c) the person to whom the warrant is addressed must, so far as is
reasonably practicable, secure that anything in the process of being
15done under the warrant by virtue of that modification stops as soon as
possible.

(5) In a case where a Judicial Commissioner refuses to approve a decision to make
a modification of a targeted equipment interference warrant, the Judicial
Commissioner may authorise further interference with equipment for the
20purpose of enabling the person to whom the warrant is addressed to secure
that anything in the process of being done under the warrant by virtue of the
modification stops as soon as possible.

(6) If the Judicial Commissioner authorises further interference with equipment
under subsection (5), the person who issued the warrant must be informed of
25the authorisation.

(7) Nothing in this section affects the lawfulness of—

(a) anything done under the warrant by virtue of the modification before
the modification ceases to have effect;

(b) if anything is in the process of being done under the warrant by virtue
30of the modification when the modification ceases to have effect—

(i) anything done before that thing could be stopped, or

(ii) anything done which it is not reasonably practicable to stop.

108 Cancellation of warrants

(1) Any of the appropriate persons may cancel a warrant issued under this Part at
35any time.

(2) If any of the appropriate persons considers that—

(a) a warrant issued under this Part is no longer necessary on any relevant
grounds, or

(b) the conduct authorised by a warrant issued under this Part is no longer
40proportionate to what is sought to be achieved by the conduct,

the person must cancel the warrant.