Management of Offenders etc. (Scotland) Act 2005

Co-operation S

1 Duty to co-operate S

(1) The [F1 following public authorities] are to co-operate with one another in carrying out their respective functions in relation to relevant persons [F2 —

(a) the Scottish Ministers,

(b) local authorities,

(c) the Scottish Courts and Tribunals Service,

(d) the chief constable of the Police Service of Scotland].

(2) In this Act—

(a) to “co-operate” may, without prejudice to the generality of that expression, include to exchange information (“co-operation” being construed accordingly); and

(b) “relevant person” means—

(i) a person who is supervised by, provided with advice, guidance or assistance by, or the subject of a report by a local authority F3 ... as part of the provision by the local authority F4 ... of a service for the purposes mentioned in any of sections 27(1) or (1A) or 27ZA of the Social Work (Scotland) Act 1968 (c. 49) (supervision and care of persons put on probation or released from prison etc.); or

(ii) any other person if that person is detained in custody.

(3) The reference in subsection (1) to the Scottish Ministers is to the Scottish Ministers in exercise of their functions under the Prisons (Scotland) Act 1989 (c. 45) [F5 and Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) ].

Textual Amendments

F1 Words in s. 1(1) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 56(2)(a), 63(2); S.S.I. 2019/309, reg. 2, sch.

F2 S. 1(1)(a)-(d) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 56(2)(b), 63(2); S.S.I. 2019/309, reg. 2, sch.

F3 Words in s. 1(2)(b)(i) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 5(2)(b)(i); S.S.I. 2017/33, reg. 2(1)(2), sch.

F4 Words in s. 1(2)(b)(i) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 5(2)(b)(ii); S.S.I. 2017/33, reg. 2(1)(2), sch.

F5 Words in s. 1(3) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 56(3), 63(2); S.S.I. 2019/309, reg. 2, sch.

2 Co-operation for purposes of inspections S

(1) Where any person mentioned in subsection (2) is conducting an inspection of the provision of services to relevant persons, the persons mentioned in that subsection may co-operate with one another for the purposes of that inspection.

(2) The persons are—

(a) Her Majesty's Chief Inspector of Prisons for Scotland;

(b) Her Majesty's Chief Inspector of Constabulary;

[F6 (c) Social Care and Social Work Improvement Scotland.]

(3) The Scottish Ministers may by order made by statutory instrument amend the list of persons in subsection (2).

(4) A statutory instrument containing an order under subsection (3) is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

Textual Amendments

F6 S. 2(2)(c) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 16(a)