Explanatory note
Scotland
(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.