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The Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020

S.S.I. 2020/308 · Made 2 October 2020 · Extends to Scotland

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 31 January 2025.

See the changes not yet applied
ProvisionChangeMade by
reg. 2(1)words insertedElectronic Monitoring (Approved Devices) 2026 reg. 2(2)
reg. 2(2)word omittedElectronic Monitoring (Approved Devices) 2026 reg. 2(3)(a)
reg. 2(2)(d)-(f)insertedElectronic Monitoring (Approved Devices) 2026 reg. 2(3)(b)
reg. 2(3)omittedElectronic Monitoring (Approved Devices) 2026 reg. 2(4)
reg. 2(4)omittedElectronic Monitoring (Approved Devices) 2026 reg. 2(4)

Criminal Law

Made 2nd October 2020

Laid before the Scottish Parliament 5th October 2020

Coming into force 19th November 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(1) and 15(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, commencement and interpretation
  2. 2Approved Devices
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020.

(2)

These Regulations come into force on 19 November 2020.

(3)

In these Regulations—

  • “the 2019 Act” means the Management of Offenders (Scotland) Act 2019,

  • “fitting and installation tool” means an electronic device which is intended to be used in order to—

    1. (a)

      install a home monitoring unit at a specific location,

    2. (b)

      securely fit a F1GPS personal identification device or an RF personal identification device to a monitored person, or

    3. (c)

      undertake diagnostic testing of a home monitoring unit F2, a GPS personal identification device or an RF personal identification device.

  • “GPS” means the Global Positioning System,

  • F3“GPS personal identification device” means an electronic device which—

    1. (a)

      uses GPS or a secondary location tracking medium to track a monitored person’s location,

    2. (b)

      transmits information to a home monitoring unit via a short-range radio signal,

    3. (c)

      transmits information to a remote server via a mobile phone network, and

    4. (d)

      is intended to be securely fitted to a monitored person,

  • “home monitoring unit” means an electronic device which—

    1. (a)

      receives information from a F4GPS personal identification device or an RF personal identification device via a regular short range F5radio signal (and does not use GPS location information to track a monitored person),

    2. (b)

      transmits information to a remote server via a mobile phone network or a telephone line, and

    3. (c)

      is intended to be installed in a specific location to monitor a monitored person’s presence at, or absence from, that location,

  • F6“mains charger” means a device used to charge a GPS personal identification device by mains electricity,

  • “monitored person” means a person who is subject to a requirement imposed under section 1(1) or 5(1) of the 2019 Act,

  • F7“portable charger” means a battery pack used to charge a GPS personal identification device without mains electricity,

  • “RF” means radio frequency,

  • “F8RF personal identification device” means an electronic device which—

    1. (a)

      transmits information to a home monitoring unit via a regular short-range radio signal (and does not use GPS location information to track a monitored person), and

    2. (b)

      is intended to be securely fitted to a monitored person,

  • F9"secondary location tracking medium” means a location tracking medium which uses a mobile phone network or a connection to a wireless fidelity (Wi-Fi) network.

2Approved DevicesI1

(1)

The types of electronic devices listed in paragraph (2) are prescribed by the Scottish Ministers as approved devices in relation to a requirement imposed under section 1(1) F1... of the 2019 Act.

(2)

The types of electronic devices are as follows—

(a)

a home monitoring unit,

(b)

a F2RF personal identification device, and

(c)

a fitting and installation tool.

F3(3)

The types of electronic devices listed in paragraph (4) are prescribed by the Scottish Ministers as approved devices in relation to a requirement imposed under section 5(1) of the 2019 Act.

(4)

The types of electronic device are—

(a)

an RF personal identification device,

(b)

a GPS personal identification device,

(c)

a home monitoring unit,

(d)

a fitting and installation tool,

(e)

a mains charger, and

(f)

a portable charger.

Signature

HUMZA YOUSAF

A member of the Scottish Government

St Andrews House

Edinburgh

2nd October 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the types of electronic devices which are approved devices in relation to a requirement imposed under Part 1 of the Management of Offenders (Scotland) Act 2019 (“the 2019 Act“).

A requirement imposed by a court under section 1(1) of the 2019 Act, or by the Scottish Ministers under section 5(1) of the 2019 Act, is a requirement that a person must submit to monitoring by means of an approved device. An approved device is a device of a type prescribed by the Scottish Ministers under section 8 of the 2019 Act. The person subject to the requirement is then monitored for the purposes of ascertaining their compliance with (1) the underlying court order or licence conditions to which they are subject and (2) the standard electronic monitoring obligations in section 12 of the 2019 Act.