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Scotland Act 1998
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B8. National security, interception of communications, official secrets and terrorismU.K.
Section B8.
National security.
The interception of communications; but not
(a)[F1the 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)the subject matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property.
The subject-matter of—
(a)the Official Secrets Acts 1911 and 1920, and
(b)the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.
Special powers, and other special provisions, for dealing with terrorism.
[F2 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 1997as 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].
Textual Amendments
F1Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by S.I. 1999/1749, arts. 1, 4(1); S.I. 1998/3178, art. 3
F2Sch. 5 Pt. II Section B8: words inserted (1.7.1999) by The Scotland Act 1998 (Modifications of Schedules 4 and 5) Order 1999 (S.I. 1999/1749), arts. 1, 4(1); S.I. 1998/3178, art. 3
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