Schedule 2 FUNCTION EXERCISABLE BY THE SCOTTISH MINISTERS

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1 Section 245C(1) of the Criminal Procedure (Scotland) Act 1995 (the function of making arrangements for the remote monitoring of offenders)^f1.	Only insofar as that function relates to the remote monitoring of the compliance by an offender with a curfew condition as defined in section 12AB(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993^f2 and only in cases where that offender has been transferred from Scotland to England and Wales in circumstances where paragraph 10 of Schedule 1 to the Crime (Sentences) Act 1997 applies^f3 and released on licence in accordance with section 3AA of the 1993 Act.

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Section 245C(1) of the Criminal Procedure (Scotland) Act 1995 (the function of making arrangements for the remote monitoring of offenders)^f1.

Only insofar as that function relates to the remote monitoring of the compliance by an offender with a curfew condition as defined in section 12AB(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993^f2 and only in cases where that offender has been transferred from Scotland to England and Wales in circumstances where paragraph 10 of Schedule 1 to the Crime (Sentences) Act 1997 applies^f3 and released on licence in accordance with section 3AA of the 1993 Act.

Annotations

Footnotes

f1: 1995 c. 46; section 245C(1) was inserted by section 5 of the Crime and Punishment (Scotland) Act 1997 (c. 48). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
f2: 1993 c. 9; section 12AB(1) was inserted by section 15(10) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14). Section 12AB(3) applies section 245C of the Criminal Procedure (Scotland) Act 1995 in relation to the imposition of and compliance with a curfew condition specified by virtue of section 12AB(1).
f3: Paragraph 10 has been amended by paragraph 135(5) of Schedule 8 to the Crime and Disorder Act 1998 and section 21(8)(a) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) (which was extended to England and Wales and Northern Ireland by article 3 of the Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055)). The references to the Secretary of State are to be construed in accordance with the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 130(8).