SCHEDULES

SCHEDULE 5 Reserved matters

Part II Specific reservations

Head B – Home Affairs

B8. National security, interception of communications, official secrets and terrorism

Section B8.

  • National security.

  • The interception of communications; but not

    1. a

      F1the interception of any communication made to or by a person detained at a place of detention, if the communication-

      1. i

        is a written communication and is intercepted there, or

      2. ii

        is intercepted in the course of its transmission by means of a private telecommunication system running there,

    2. 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—

    1. a

      the Official Secrets Acts 1911 and 1920, and

    2. 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.

F2Interpretation

  • “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 F4under–

    1. a

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

    2. b

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

    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 1955;

      2. ii

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

      3. iii

        section 63B of the Naval Discipline Act 1957.

  • F5 “ Private telecommunication system ” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000.