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Interception of communications
4.—(1) 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)”.
(2) 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() 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 1997()as 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()”.
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