Investigatory Powers Act 2016

34 Modification of warrants U.K.

(1) The provisions of a warrant issued under this Chapter may be modified at any time by an instrument issued by the person making the modification.

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

(a) adding, varying or removing the name or description of a person, organisation or set of premises to which the warrant relates, and

(b) adding, varying or removing any factor specified in the warrant in accordance with section 31(8).

(3) But a warrant may not be modified as mentioned in subsection (2)(a) if it relates only to a particular person or organisation, or to a single set of premises, as mentioned in section 17(1).

(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 36(8).

(5) In this Chapter—

(a) a modification adding or varying a name or description as mentioned in paragraph (a) of subsection (2) is referred to as a “major modification”, and

(b) any other modification within that subsection is referred to as a “minor modification”.

(6) 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.

(7) Sections 35 to 38 contain further provision about making modifications under this section.

Commencement Information

I1 S. 34 in force at 27.6.2018 by S.I. 2018/652, reg. 8(f)