Part 2: Lawful interception of communications Chapter 1: Interception and examination with a warrant Section 38: Approval of major modifications made in urgent cases
This section sets out the process for approving a major modification to a warrant which has been made urgently. In most cases the fact that a major modification was made urgently means that the modification could be made by a person holding a senior position in the intercepting authority, rather than by a senior official acting on behalf of the Secretary of State or the Scottish Ministers. The urgent modification must then be approved within 3 working days by a senior official designated by the Secretary of State or the Scottish Ministers.
	Where the additional safeguards in sections 26 to 29 apply, the case being urgent means that the warrant may be modified without the prior approval of a Judicial Commissioner. The modification must then be approved within 3 working days by a Judicial Commissioner.
	Where a designated senior official takes a decision, a Judicial Commissioner and either the Secretary of State or, in the case of a warrant issued by the Scottish Ministers, a member of the Scottish Government must be informed. Where the decision whether or not to approve the modification is taken by a Judicial Commissioner, the Secretary of State or a member of the Scottish Government will have to be informed courtesy of section 37(3), which is why that notification requirement is not dealt with in this section.
	If the designated senior officer or the Judicial Commissioner refuses to approve the modification, the warrant (unless it no longer has effect) has effect as if the modification had not been made.