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Regulation 1 Citation, commencement and interpretationI1

Scotland

(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.

Annotations

Textual amendments

F1

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(a)(i)

F2

Words in reg. 1(3) substituted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(a)(ii)

F3

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(b)

F4

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(c)(i)

F5

Word in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(c)(ii)

F6

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(d)

F7

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(e)

F8

Word in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(f)

F9

Words in reg. 1(3) inserted (31.1.2025) by The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/354), regs. 1, 3(g)

Commencement

I1

Reg. 1 in force at 19.11.2020, see reg. 1(2)