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

Year2020

2020 No. 308

Criminal Law

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

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 20191and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(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—

(a) install a home monitoring unit at a specific location,

(b) securely fit a personal identification device to a monitored person, or

(c) undertake diagnostic testing of a home monitoring unit or a personal identification device.

“GPS” means the Global Positioning System,

“home monitoring unit” means an electronic device which—

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

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

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

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

“personal identification device” means an electronic device which—

(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

(b) is intended to be securely fitted to a monitored person,

S-2 Approved Devices

Approved Devices

2.—(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) or 5(1) of the 2019 Act.

(2) The types of electronic devices are as follows—

(a)

(a) a home monitoring unit,

(b)

(b) a personal identification device, and

(c)

(c) a fitting and installation tool.

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