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The Mental Health (Use of Telephones) (Scotland) Regulations 2005

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Interception of telephone calls

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7.—(1) Subject to paragraphs (2) and (3) the managers of a hospital are authorised to intercept or arrange for the interception of any telephone call to a specified person or made by a specified person–

(a)for the purpose of enforcing regulation 5; or

(b)which would be unlawful for any reason other than one arising by virtue of these Regulations.

(2) Paragraph (1) does not authorise the interception of a telephone call made by a specified person to a person mentioned in sub-section (6) of section 284 of the 2003 Act unless–

(a)the person has requested the interception of telephone calls made by the specified person to that person; or

(b)the telephone call is or would be unlawful for any reason other than one arising by virtue of these Regulations.

(3) Paragraph (1) does not authorise the interception of a telephone call to a specified person by a person mentioned in sub-section (6) of section 284 of the 2003 Act unless the telephone call is or would be unlawful for any reason other than one arising by virtue of these Regulations.

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