Interception of communications2.

(1)

Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (which reserves, amongst other things, interception of communications)2 is amended as follows.

(2)

In the definition of “Place of detention”3, for “of the Mental Health (Scotland) Act 1984” there is substituted “given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 20034”.

(3)

In the definition of “person detained”5, for the words from “within” to the end there is substituted

  • “under–

    1. (a)
      section 24, 25 or 70 of the Mental Health (Scotland) Act 19846;
    2. (b)
      Part 6 of the Criminal Procedure (Scotland) Act 19957;
    3. (c)

      the Mental Health (Care and Treatment) (Scotland) Act 2003; or

    4. (d)

      regulations under–

      1. (i)
        subsection (3) of section 116B of the Army Act 19558;
      2. (ii)
        subsection (3) of section 116B of the Air Force Act 19559; or
      3. (iii)
        section 63B of the Naval Discipline Act 195710.”.

(4)

For the definition of “Private telecommunication system”11 there is substituted–
““Private telecommunication system” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 200012.”.