36 Further provision about modifications

36  Further provision about modifications

(1)     A person may make a modification within subsection (2) only if the person considers—

(a)     that the modification is necessary on any relevant grounds (see subsection (3)), and

(b)     that the conduct authorised by the modification is proportionate to what is sought to be achieved by that conduct.

(2)     The modifications within this subsection are—

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

(b)     a minor modification adding any factor specified in the warrant in accordance with section 31(8).

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

(a)     in the case of a warrant issued by the Secretary of State, grounds falling within section 20;

(b)     in the case of a warrant issued by the Scottish Ministers, grounds falling within section 21(4);

and for the purposes of subsection (1) any reference to the Secretary of State in section 20(3)(b) or the Scottish Ministers in section 21(4)(b)

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