Part 5Equipment interference

Further provision about warrants

119Persons who may make modifications under section 118

1

The persons who may make modifications under section 118 of a warrant are (subject to subsection (2))—

a

in the case of a warrant issued by the Secretary of State under section 102 or 104—

i

the 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 103—

i

a member of the Scottish Government, or

ii

a senior official acting on behalf of the Scottish Ministers.

2

Any of the following persons may also make modifications under section 118 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 122 contains provision about the approval of modifications made in urgent cases.

3

Subsection (2) is subject to section 120(4) and (5) (special rules where any of sections 111 to 114 applies in relation to the making of a modification under section 118).

4

For the purposes of subsection (2)(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 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 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.