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The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2026

S.S.I. 2026/285 · Made 6 October 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW

Made 6th October 2026

Laid before the Scottish Parliament 8th October 2026

Coming into force 19th December 2026

The Scottish Ministers make the following Regulations in exercise of the power conferred by section 8(1) of the Management of Offenders (Scotland) Act 2019f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2019 asp 14.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2026 and come into force on 19 December 2026.

2Amendment of the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020

(1)

The Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) after “section 1(1)” insert “or 5(1)”.

(3)

In regulation 2(2)—

(a)

omit “and” after sub-paragraph (b),

(b)

after sub-paragraph (c) insert—

“(d)

a GPS personal identification device,

(e)

a mains charger,

(f)

a portable charger.”.

(4)

Omit paragraphs (3) and (4) in regulation 2.

Signature

NEIL GRAY

A member of the Scottish Government

St Andrew’s House

Edinburgh

6th October 2026

Explanatory note

(This note is not part of the Regulations)

The Management of Offenders (Scotland) Act 2019 (“the 2019 Act”) makes provision allowing the courts when making certain disposals to require a person to submit to electronic monitoring of their compliance with a condition attached to their disposal. The Scottish Ministers can do the same for an individual being released from custody on licence. Section 8 of the 2019 Act gives the Scottish Ministers the power to prescribe by regulations “approved devices” which can be used for electronic monitoring. The types of electronic devices which are approved devices are prescribed in the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020 (“the 2020 Regulations”).

These Regulations amend the 2020 Regulations to prescribe GPS enabled electronic monitoring devices as approved devices in relation to a monitoring requirement imposed by a court under section 1(1) of the 2019 Act. They remove the distinction between devices approved for use for monitoring compliance with relevant court disposals and relevant licence conditions imposed by the Scottish Ministers. The approved devices for both are now a GPS personal identification device, an RF personal identification device, a home monitoring unit, a fitting and installation tool, a mains charger and a portable charger.