The Regulation of Investigatory Powers (Modification of Authorisation Provisions: Legal Consultations) (Scotland) Order 2015

Directed surveillance to be treated as intrusive surveillance

3.—(1) Directed surveillance which is to be carried out on any part of premises specified in paragraph (2) is to be treated as intrusive surveillance for the purposes of the Act if, at any time when the surveillance is to be carried out, that part of those premises is to be used for a legal consultation.

(2) The premises are—

(a) any premises in which individuals who are serving sentences of imprisonment or detention, remanded in custody or remanded or committed for trial or sentence, may be detained;

(b) a legalised police cell within the meaning of section 14(1) of the Prisons (Scotland) Act 1989(1);

(c) any premises in which individuals may be detained under paragraph 16(1), (1A) or (2) of Schedule 2 or paragraph 2(2) or (3) of Schedule 3 to the Immigration Act 1971(2) or section 36(1) of the UK Borders Act 2007(3);

(d) any premises in which individuals may be detained under Part VI of the Criminal Procedure (Scotland) Act 1995(4) or the Mental Health (Care and Treatment) (Scotland) Act 2003(5);

(e) a police station;

(f) the place of business of any professional legal adviser; and

(g) any premises used for the sittings and business of any court, tribunal or inquiry.

(1)

1989 c.45, there are amendments to section 14 which are not relevant to this Order.

(2)

1971 c.77; paragraph 16 (1A) and (2) of Schedule 2 were inserted by paragraph 60 of Schedule 14 to, and section 140(1) of, the Immigration and Asylum Act 1999 c.33 respectively; paragraph 16(2) was amended by section 73(5) of the Nationality, Immigration and Asylum Act 2002 c.41; paragraph 2(2) of Schedule 3 was amended by paragraph 7 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 c.41 and section 34(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 c.19; paragraph 3 of Schedule 3 was amended by section 54(3) of the Immigration and Asylum Act 1999 c.33.

(3)

2007 c.30.

(4)

1995 c.46.

(5)

2003 asp 13.