Part 18

Miscellaneous

Communications, security etc.

Certain persons detained in hospital: use of telephones
284
1
Regulations may make provision for or in connection with regulating the use of telephones by such persons detained in hospital as may be specified in the regulations (“specified persons”).
2
Provision under subsection (1) above may in particular—
a
confer rights on specified persons to use telephones;
b
make the entitlement to, or exercise of, any such rights subject to conditions imposed by or under regulations;
c
restrict, or prohibit, the use of telephones by specified persons;
d
authorise the managers of a hospital to intercept, or arrange for the interception of, telephone calls—
i
to specified persons; or
ii
made by specified persons;
e
require the managers of a hospital to make, and maintain, records of such matters as may be specified in the regulations;
f
require the managers of a hospital to inform persons specified in the regulations of matters so specified;
g
confer power on the Commission to give to the managers of a hospital directions as to matters of any description specified in the regulations;
h
require the managers of a hospital to comply with any directions given to them by virtue of paragraph (g) above.
3
The conditions mentioned in subsection (2)(b) above include in particular conditions as to payment of call charges for calls made by or on behalf of specified persons.
4
Regulations under this section may not authorise the interception of a telephone call made by a specified person to a person mentioned in subsection (6) below unless—
a
the person has requested the interception of telephone calls made by the specified person to the person; or
b
the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.
5
Regulations under this section may not authorise the interception of a telephone call made to a specified person by a person mentioned in subsection (6) below unless the telephone call is or would be unlawful for any reason other than one arising from provision made by virtue of this section.
6
The persons referred to in subsections (4) and (5) above are—
a
any of the persons mentioned in paragraphs (a) to (i), (k) to (n) and (p) of section 281(5) of this Act;
b
the managers of the hospital in which the specified person is detained;
c
a legally qualified person instructed by the specified person to act as the specified person’s legal adviser; and
d
such other person as may be specified by the regulations.
7
In this section “intercept”, in relation to a telephone call, includes—
a
listen to, record or otherwise monitor; and
b
interrupt, cut short, divert or prevent from being connected.
8
For the purposes of this section, a telephone call is made when the telephone number of the person being called has been dialled.
S. 284 in force at 21.3.2005 for specified purposes by S.S.I. 2005/161, art. 2, Sch. 1
S. 284 in force at 5.10.2005 in so far as not already in force by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)