Investigatory Powers Act 2016

Interception taking place in certain institutions

49 Interception in prisons

(1) Conduct taking place in a prison is authorised by this section if it is conduct in exercise of any power conferred by or under prison rules.

(2) In this section “prison rules” means any rules made under—

(a) section 47 of the Prison Act 1952,

(b) section 39 of the Prisons (Scotland) Act 1989, or

(c) section 13 of the Prison Act (Northern Ireland) 1953.

(3) In this section “prison” means—

(a) any prison, young offender institution, young offenders centre, secure training centre, secure college or remand centre which—

(i) is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952, or

(ii) is under the general superintendence of, or is provided by, the Department of Justice in Northern Ireland under the Prison Act (Northern Ireland) 1953, or

(b) any prison, young offenders institution or remand centre which is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989,

and includes any contracted out prison, within the meaning of Part 4 of the Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public Order Act 1994, and any legalised police cells within the meaning of section 14 of the Prisons (Scotland) Act 1989.

50 Interception in psychiatric hospitals etc.

(1) Conduct is authorised by this section if—

(a) it takes place in any hospital premises where high security psychiatric services are provided, and

(b) it is conduct in pursuance of, and in accordance with, any relevant direction given to the body providing those services at those premises.

(2) “Relevant direction” means—

(a) a direction under section 4(3A)(a) of the National Health Service Act 2006, or

(b) a direction under section 19 or 23 of the National Health Service (Wales) Act 2006.

(3) Conduct is authorised by this section if—

(a) it takes place in a state hospital, and

(b) it is conduct in pursuance of, and in accordance with, any direction given to the State Hospitals Board for Scotland under section 2(5) of the National Health Service (Scotland) Act 1978 (regulations and directions as to the exercise of their functions by health boards).

The reference to section 2(5) of that Act is to that provision as applied by Article 5(1) of, and the Schedule to, the State Hospitals Board for Scotland Order 1995 (which applies certain provisions of that Act to the State Hospitals Board).

(4) Conduct is authorised by this section if it is conduct in exercise of any power conferred by or under—

(a) section 281 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (2003 asp 13) (power to withhold correspondence of certain persons detained in hospital), or

(b) section 284 of that Act (powers relating to the use of telephones by certain persons detained in hospital).

(5) In this section—

• “high security psychiatric services” has the same meaning as in section 4 of the National Health Service Act 2006;

• “hospital premises” has the same meaning as in section 4(3) of that Act;

• “state hospital” has the same meaning as in the National Health Service (Scotland) Act 1978.

51 Interception in immigration detention facilities

(1) Conduct taking place in immigration detention facilities is authorised by this section if it is conduct in exercise of any power conferred by or under relevant rules.

(2) In this section—

• “immigration detention facilities” means any removal centre, short-term holding facility or pre-departure accommodation;

• “removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;

• “relevant rules” means—

  (a)

  in the case of a removal centre, rules made under section 153 of that Act;

  (b)

  in the case of a short-term holding facility, rules made under, or having effect by virtue of, section 157 of that Act;

  (c)

  in the case of pre-departure accommodation, rules made under, or having effect by virtue of, section 157A of that Act.