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Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 2 — Other forms of lawful interception
(b)
(c)
(3)
50
section 39 of the Prisons (Scotland) Act 1989, or
section 13 of the Prison Act (Northern Ireland) 1953.
In this section “prison” means—
(a) any prison, young offender institution, young offenders centre, secure
training centre, secure college or remand centre which—
(i) is under the general superintendence of, or is provided by, the
Secretary of State under the Prison Act 1952, or
(ii) is under the general superintendence of, or is provided by, the
Department of Justice in Northern Ireland under the Prison Act
(Northern Ireland) 1953, or
(b) any prison, young offenders institution or remand centre which is
under the general superintendence of the Scottish Ministers under the
Prisons (Scotland) Act 1989,
and includes any contracted out prison, within the meaning of Part 4 of the
Criminal Justice Act 1991 or section 106(4) of the Criminal Justice and Public
Order Act 1994, and any legalised police cells within the meaning of section 14
of the Prisons (Scotland) Act 1989.
Interception in psychiatric hospitals etc.
(1)
Conduct is authorised by this section if—
(a) it takes place in any hospital premises where high security psychiatric
services are provided, and
(b) it is conduct in pursuance of, and in accordance with, any relevant
direction given to the body providing those services at those premises.
(2)
“Relevant direction” means—
(a) a direction under section 4(3A)(a) of the National Health Service Act
2006, or
(b) a direction under section 19 or 23 of the National Health Service (Wales)
Act 2006.
(3)
Conduct is authorised by this section if—
(a) it takes place in a state hospital, and
(b) it is conduct in pursuance of, and in accordance with, any direction
given to the State Hospitals Board for Scotland under section 2(5) of the
National Health Service (Scotland) Act 1978 (regulations and directions
as to the exercise of their functions by health boards).
The reference to section 2(5) of that Act is to that provision as applied by Article
5(1) of, and the Schedule to, the State Hospitals Board for Scotland Order 1995
(which applies certain provisions of that Act to the State Hospitals Board).
(4)
Conduct is authorised by this section if it is conduct in exercise of any power
conferred by or under—
(a) section 281 of the Mental Health (Care and Treatment) (Scotland) Act
2003 (2003 asp 13) (power to withhold correspondence of certain
persons detained in hospital), or
(b) section 284 of that Act (powers relating to the use of telephones by
certain persons detained in hospital).
(5)
In this section—
“high security psychiatric services” has the same meaning as in section 4
of the National Health Service Act 2006;