Article 4 Interception of communications

In Part II of Schedule 5 to the Act (specific reservations), in Section B8, after “but not” there is inserted–

“(a)

the interception of any communication made to or by a person detained at a place of detention, if the communication-

(i)

is a written communication and is intercepted there, or

(ii)

is intercepted in the course of its transmission by means of a private telecommunication system running there,”.

(b)

At the end of that Section there is inserted–

“Interpretation

• “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^f1 or a hospital (within the meaning of the Mental Health (Scotland) Act 1984^f2; 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 1997^f3as it extends to Scotland.

• “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^f4”.