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Criminal Justice (Scotland) Act 2003
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- S.S.I. 2004/451 art. 2 commences (2003 asp 7)
- S.S.I. 2005/433 art. 2 commences (2003 asp 7)
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- S.S.I. 2006/332 art. 2 commences (2003 asp 7)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/168 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/590 art. 2 commences (2004 asp 3)
- S.S.I. 2005/604 art. 2-4 commences (2004 c. 33)
- S.S.I. 2006/59 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/166 art. 2 commences (2005 c. 15)
- S.S.I. 2006/545 art. 2 commences (2005 asp 14)
- S.S.I. 2007/101 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2007/250 art. 3 commences (2007 asp 6)
- S.S.I. 2007/329 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2008/42 art. 3 commences (2007 asp 6)
- S.S.I. 2008/57 art. 2 commences (2004 asp 3)
- S.S.I. 2008/192 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/329 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/362 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/116 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/238 art. 1 revocation of earlier commencing SSI 2009/116
- S.S.I. 2009/432 art. 3 Sch. 1 2 commences (2007 asp 6)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Prospective
8Preparation of risk management plans: further provisionS
This section has no associated Explanatory Notes
(1)Preparation of the risk management plan is to be completed no later than 9 months after the offender is sentenced or detained (or becomes liable to be detained) in hospital; but if there is an appeal under subsection (7), it may be completed within such longer period as the Risk Management Authority may reasonably require.
(2)In preparing the risk management plan, the lead authority is to consult—
(a)any person on whom, by virtue of section 6(4), the lead authority is considering conferring functions; and
(b)such other persons as it considers appropriate.
(3)Any person so consulted is to provide such assistance to the lead authority as it may reasonably require for the purposes of preparing the plan.
(4)The lead authority is to submit the risk management plan to the Risk Management Authority and the Risk Management Authority is to—
(a)approve it; or
(b)where it considers that a plan does not comply with section 6(3) or that the lead authority has, in preparing the plan, disregarded any guideline or standard under section 5 or any guidance under section 6(6), reject it.
(5)Where any plan is rejected, the lead authority is to prepare a revised plan and submit it to the Risk Management Authority by such time as the Authority may reasonably require.
(6)Where the Risk Management Authority—
(a)rejects a revised plan; and
(b)considers that, unless it exercises its power under this subsection to give directions, subsection (1) would not be complied with,
the Authority may give directions to the lead authority and any other person having functions under the plan as to the preparation of a revised plan; and the lead authority and such other person must, subject to subsection (7), comply with any such direction.
(7)The lead authority or any other person to whom any direction is given under subsection (6) may appeal to the sheriff against the direction on the grounds that it is unreasonable.
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