Citation and commencement1

This Order may be cited as the Regulation of Investigatory Powers (Modification of Authorisation Provisions: Legal Consultations) (Scotland) Order 2015 and comes into force on 2nd February 2015.

Interpretation2

In this Order—

  • “inquiry” means an inquiry or hearing held under a provision contained in an enactment;

  • “legal consultation” means—

    1. a

      a consultation between a professional legal adviser and that adviser’s client or any person representing that client; or

    2. b

      a consultation between a professional legal adviser or that adviser’s client or any person representing that client and a registered medical practitioner, made in connection with, or in contemplation of, legal proceedings and for the purposes of such proceedings;

  • “premises” has the meaning given by section 31(10) of the Act; and

  • “the Act” means the Regulation of Investigatory Powers (Scotland) Act 2000.

Directed surveillance to be treated as intrusive surveillance3

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 19892;

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 19713 or section 36(1) of the UK Borders Act 20074;

d

any premises in which individuals may be detained under Part VI of the Criminal Procedure (Scotland) Act 19955 or the Mental Health (Care and Treatment) (Scotland) Act 20036;

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.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh