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Scotland Act 1998

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Changes over time for: B8. National security, interception of communications, official secrets and terrorism

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Point in time view as at 03/07/2012.

Changes to legislation:

Scotland Act 1998, B8. National security, interception of communications, official secrets and terrorism is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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 [F3 given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003]; and “person detained”, in relation to a hospital, means a person detained there[F4 under–

    (a)

    section 24, 25 or 70 of the Mental Health (Scotland) Act 1984;

    (b)

    Part 6 of the Criminal Procedure (Scotland) Act 1995;

    (c)

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

    (d)

    regulations under–

    (i)

    subsection (3) of section 116B of the Army Act 1955;

    (ii)

    subsection (3) of section 116B of the Air Force Act 1955; or

    (iii)

    section 63B of the Naval Discipline Act 1957.]

  • [F5Private telecommunication system ” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000. ]]

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

F3Sch. 5 Pt. II Section B8: words in definition of "Place of detention" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(2)

F4Sch. 5 Pt. II Section B8: words in definition of "person detained" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(3)

F5Sch. 5 Pt.II Section B8: definition of "Private telecommunication system" substituted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 (S.I. 2005/866), art. 2(4)

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