2005 No. 866 (S. 4)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005

Made
Coming into force

At the Court at Buckingham Palace, the 22nd day of March 2005

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been–

(a)

laid before and approved by a resolution of each House of Parliament; and

(b)

laid before and approved by a resolution of the Scottish Parliament;

Now, therefore, Her Majesty in exercise of the powers conferred upon Her by section 30(2) of the Scotland Act 19981, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement1.

This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) (No. 2) Order 2005 and shall come into force on the day after the day on which it is made.

Interception of communications2.

(1)

Section B8 of Part 2 of Schedule 5 to the Scotland Act 1998 (which reserves, amongst other things, interception of communications)2 is amended as follows.

(2)

In the definition of “Place of detention”3, for “of the Mental Health (Scotland) Act 1984” there is substituted “given in section 329(1) of the Mental Health (Care and Treatment) (Scotland) Act 20034”.

(3)

In the definition of “person detained”5, for the words from “within” to the end there is substituted

  • “under–

    1. (a)
      section 24, 25 or 70 of the Mental Health (Scotland) Act 19846;
    2. (b)
      Part 6 of the Criminal Procedure (Scotland) Act 19957;
    3. (c)

      the Mental Health (Care and Treatment) (Scotland) Act 2003; or

    4. (d)

      regulations under–

      1. (i)
        subsection (3) of section 116B of the Army Act 19558;
      2. (ii)
        subsection (3) of section 116B of the Air Force Act 19559; or
      3. (iii)
        section 63B of the Naval Discipline Act 195710.”.

(4)

For the definition of “Private telecommunication system”11 there is substituted–
““Private telecommunication system” has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 200012.”.
A. K. Galloway
Clerk of the Privy Council
(This note is not part of the Order)

This Order makes modifications to Schedule 5 to the Scotland Act 1998 (c. 46). That Schedule is concerned with matters which are outwith the legislative competence of the Scottish Parliament.

The Order amends the definitions of “Place of detention”, “person detained” and “Private telecommunication system” in the interpretation provisions forming part of the reservation at Section B8 of Part 2 of Schedule 5 (national security, interception of communications, official secrets and terrorism) in relation to the interception of communications.

In the definition of “Place of detention”, reference to the Mental Health (Scotland) Act 1984 (“the 1984 Act”) is substituted by reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). The relevant provisions of the 1984 Act are prospectively repealed and replaced by the 2003 Act.

In the definition of “person detained”, the relevant provision of the Sex Offenders Act 1997 (c. 51) was repealed by the Sexual Offences Act 2003 (c. 42). The reference to the Sex Offenders Act 1997 is substituted by reference to enactments applying to persons detained under the criminal and civil law; namely certain provisions of the 1984 Act, Part 6 of the Criminal Procedure (Scotland) Act 1995, the 2003 Act and regulations made under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

In the definition of “Private telecommunication system”, reference to the Telecommunications Act 1984 (c. 12) is substituted by reference to the Regulation of Investigatory Powers Act 2000. The relevant provisions of the Telecommunications Act 1984 were repealed by the Communications Act 2003 (c. 21).