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

• Citation: S.I. 2005/866
• Sections: 2

Section 1 Citation and commencement

This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and shall come into force on the day after the day on which it is made.

Section 2 Interception of communications

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

(2) In the definition of “Place of detention” , 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 2003 ”.

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

under–

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

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

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

regulations under–

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

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

section 63B of the Naval Discipline Act 1957 .

(4) For the definition of “Private telecommunication system” there is substituted–

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