Part 5: Equipment interference Section 122: Approval of modifications under section 118 made in urgent cases
This section sets out the process for approving a modification to a warrant which has been made urgently. In most cases the fact that a modification was made urgently means that the modification could be made by a person holding a senior position in the equipment interference agency, 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 three working days by a senior official designated by the Secretary of State or the Scottish Ministers.
	Where the additional safeguards in sections 112 to 114 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 three working days by a Judicial Commissioner.
	Where a designated senior official takes a decision, a Judicial Commissioner and either the Secretary of State or the Scottish Ministers must be informed. Where the decision on 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 121, 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the designated senior officer or the Judicial Commissioner refuses to approve the modification, the warrant (unless it no longer has effect) has effect as if the modification had not been made and the person to whom the warrant is addressed must, so far as is reasonably practicable, secure that anything in the process of being done under the warrant by virtue of that modification stops as soon as possible. The designated official or the Judicial Commissioner may then, if required, authorise further interference for the purpose of enabling the person to whom the warrant is addressed to secure that anything in the process of being done by virtue of the modification stops as soon as possible. In this case, subsection (9) ensures that the Secretary of State or member of the Scottish Government must be informed of the authorised interference.