{
  "url": "https://openlegislation.uk/compulsory-electronic-monitoring-licence-condition-order-2021/article-2",
  "json_url": "https://openlegislation.uk/compulsory-electronic-monitoring-licence-condition-order-2021/article-2.json",
  "legislation": "uksi/2021/330",
  "legislation_title": "The Compulsory Electronic Monitoring Licence Condition Order 2021",
  "legislation_url": "https://openlegislation.uk/compulsory-electronic-monitoring-licence-condition-order-2021",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Qualifying offender",
  "text": "This Order applies to a person who—\n(a) is a fixed-term prisoner, within the meaning of section 237(1) of the 2003 Act (meaning of fixed-term prisoner), released on licence on or after the commencement of this Order;\n(b) is serving a sentence of imprisonment—\n(i) for a determinate term of 90 days or more subject to release on licence under section 244 of the 2003 Act (duty to release prisoners);\n(ii) in respect of an offence specified in Schedule 2; and\n(iii) in the case of a person serving two or more sentences of imprisonment, that sentence is the longest or equal longest term;\n(c) from any release, will be on licence for a period of 30 days or more;\n(d) is required to reside on licence ... within a specified area;\n(e) has not previously had an electronic monitoring condition included in any licence in respect of the same sentence in accordance with this Order for the specified period; and\n(f) to the satisfaction of the Secretary of State, is not otherwise unsuitable for electronic monitoring.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 2(b)(i) substituted (26.10.2022) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2022 (S.I. 2022/1019), arts. 1(1), 2(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 2(b)(iii) inserted (29.9.2021) by The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(a) (with art. 1(3))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in art. 2(d) omitted (29.9.2021) by virtue of The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021 (S.I. 2021/999), arts. 1(1), 2(2)(b) (with art. 1(3))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 2 in force at 12.4.2021, see art. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 237(1) has been amended by paragraph 219 of Schedule 16 to the Armed Forces Act 2006 (c. 52), section 117(2) of, and paragraph 2 of Schedule 20, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 2(3) of the Offender Rehabilitation Act 2014 (c. 11), paragraph 15(2) of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and paragraph 218(1) and (2) of Schedule 24 to the Sentencing Act 2020 (c. 17)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 244 has been amended by sections 114(2) and 125(2) of, and paragraph 21 of Schedule 10, paragraph 6 of Schedule 14 and paragraph 2 of Schedule 17 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 9(2) of, and paragraph 18 of Schedule 3 to, the Offender Rehabilitation Act 2014 (c. 11), paragraph 5 of Schedule 1 to the Criminal Justice and Courts Act 2015 (c. 2) and section 2(3) of the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3); and modified by S.I. 2020/158."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/330/article/2",
    "retrieved_at": "2026-10-28T22:15:50.434171+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}