Explanatory note

This Order specifies, for the purposes of section 93(1) of the Scotland Act 1998, a function of the Secretary of State and also a function of the Scottish Ministers. Section 93(1) allows the Scottish Ministers to make arrangements for any of their specified functions to be exercised on their behalf by a Minister of the Crown, and for a Minister of the Crown to make arrangements for any of his specified functions to be exercised on his behalf by the Scottish Ministers.

The function of the Secretary of State which is specified in Schedule 1 to this Order is the non-statutory function of making arrangements for the electronic monitoring of compliance with curfew conditions in respect of certain offenders who have transferred from England and Wales to Scotland and are released on licence subject to a curfew condition under either the Criminal Justice Act 1991 or the Criminal Justice Act 2003.

The function exercisable by the Scottish Ministers which is specified in Schedule 2 is their function under section 245C of the Criminal Procedure (Scotland) Act 1995, read with section 12AB(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The function specified in Schedule 2 enables arrangements to be put in place for the remote monitoring of compliance with curfew conditions in respect of certain offenders who have transferred to England and Wales from Scotland and whose release on licence is subject to a curfew condition as defined in section 12AB of the 1993 Act.