{
  "url": "https://openlegislation.uk/scotland-act-1998-modifications-of-schedules-4-and-5-order-1999/article-4",
  "json_url": "https://openlegislation.uk/scotland-act-1998-modifications-of-schedules-4-and-5-order-1999/article-4.json",
  "legislation": "uksi/1999/1749",
  "legislation_title": "The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999",
  "legislation_url": "https://openlegislation.uk/scotland-act-1998-modifications-of-schedules-4-and-5-order-1999",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Interception of communications",
  "text": "(1) In Part II of Schedule 5 to the Act (specific reservations), in Section B8, after “but not” there is inserted–\n“(a) the interception of any communication made to or by a person detained at a place of detention, if the communication-\n(i) is a written communication and is intercepted there, or\n(ii) is intercepted in the course of its transmission by means of a private telecommunication system running there,”.\n(b)\n(2) At the end of that Section there is inserted–\n“Interpretation\n“Place of detention” means a prison, young offenders institution, remand centre or legalised police cell (as those expressions are defined for the purposes of the Prisons (Scotland) Act 1989 or a hospital (within the meaning of the Mental Health (Scotland) Act 1984; and “person detained”, in relation to a hospital, means a person detained there within the meaning given by section 6(1) of the Sex Offenders Act 1997as it extends to Scotland.\n“Private telecommunication system” means a telecommunication system which is not a public telecommunication system (as those expressions are defined for the purposes of the Telecommunications Act 1984”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 45."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1984 c. 36. The definition of hospital in section 125(1) was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 28(4)(a)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1997 c. 51."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1984 c. 12."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1749/article/4",
    "retrieved_at": "2026-10-29T10:32:11.235938+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}