The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes modifications to Schedule 5 to the Scotland Act 1998 (c. 46). That Schedule is concerned with matters which are outwith the legislative competence of the Scottish Parliament.

The Order amends the definitions of “Place of detention”, “person detained” and “Private telecommunication system” in the interpretation provisions forming part of the reservation at Section B8 of Part 2 of Schedule 5 (national security, interception of communications, official secrets and terrorism) in relation to the interception of communications.

In the definition of “Place of detention”, reference to the Mental Health (Scotland) Act 1984 (“the 1984 Act”) is substituted by reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). The relevant provisions of the 1984 Act are prospectively repealed and replaced by the 2003 Act.

In the definition of “person detained”, the relevant provision of the Sex Offenders Act 1997 (c. 51) was repealed by the Sexual Offences Act 2003 (c. 42). The reference to the Sex Offenders Act 1997 is substituted by reference to enactments applying to persons detained under the criminal and civil law; namely certain provisions of the 1984 Act, Part 6 of the Criminal Procedure (Scotland) Act 1995, the 2003 Act and regulations made under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

In the definition of “Private telecommunication system”, reference to the Telecommunications Act 1984 (c. 12) is substituted by reference to the Regulation of Investigatory Powers Act 2000. The relevant provisions of the Telecommunications Act 1984 were repealed by the Communications Act 2003 (c. 21).