The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

Wireless Telegraphy Act 1949 (c. 54)

1.—(1) The function of the Secretary of State under section 5(b) of the 1949 Act (misleading messages and interception and disclosure of messages) is, for the purposes of section 63 of the 1998 Act, to be treated–

(a) as a function exercisable in or as regards Scotland if it is exercisable in the class of case mentioned in sub-paragraph (2) below; but

(b) as otherwise not being exercisable in or as regards Scotland.

(2) The class of case mentioned in this sub-paragraph constitutes any case where an authorisation of the Secretary of State under section 5(b) of the 1949 Act would authorise a person–

(a) to use any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) which neither the person using the apparatus nor any person on whose behalf he is acting is authorised by the Secretary of State to receive where–

(i) the person authorised to use the wireless telegraphy apparatus is in Scotland; and

(ii) the person who is the sender or addressee of any such message is, or is reasonably believed by the person authorised to use the wireless telegraphy apparatus to be, located in Scotland when the apparatus is used with intent to obtain information as to the contents, sender or addressee of the message; and

(b) to disclose any information as to the contents, sender or addressee of any such message.