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The Restriction of Liberty Order (Scotland) Amendment Regulations 2002

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Restriction of Liberty Order (Scotland) Amendment Regulations 2002 and shall come into force for the purposes of regulation 4(a) on 16th April 2002 and for all other purposes on 1st May 2002.

(2) In these Regulations “the principal Regulations” means the Restriction of Liberty Order (Scotland) Regulations 1998(1).

Amendment of the principal Regulations

2.  In regulation 2(1) (interpretation) of the principal Regulations omit the definitions of “Care Electronics”, “Geografix” and “Premier Geografix”.

3.  For Schedule 1 (prescribed courts) to the principal Regulations substitute–

SCHEDULE 1PRESCRIBED COURTS

The courts, or classes of courts which are prescribed for the purposes of making restriction of liberty orders are–

1.  The High Court of Justiciary.

2.  Any sheriff court.

3.  Any district court when constituted by a stipendiary magistrate..

4.  In Schedule 2 (specified devices) to the principal Regulations–

(a)after paragraph 2(e) insert–

(f)EMS200HA Small Transmitter, model number TX-500-EP-2;

(g)EMS200HA Large Transmitter, model number TX-500-2;

(h)EMS200HA Home Monitoring Receiver Unit Type I, model number HMRU 500i-EU;

(i)EMS200HA GSM Cellphone Home Monitoring Receiver Unit, model number HMRU 610;

(j)EMS200HA Activator Unit, model number MRD;

(k)EMS200HA Alert & Activator Unit, model number MRD-RF-2;

(l)EMS200HA Mobile Unit, model number MBU 510;

(m)EMS2000iVoice Voice Verification Platform.; and

(b)subject to regulation 5, omit paragraphs 1, 2(d), 3 and 4.

Saving for restriction of liberty orders made before 1st May 2002

5.  In relation to the case of any restriction of liberty order made before 1st May 2002–

(a)regulation 4(b) shall not apply; and

(b)the devices listed in paragraphs 1, 2(d), 3 and 4 of Schedule 2 to the principal Regulations shall continue on or after that date to be specified devices for the purposes mentioned in section 245C(3) of the Criminal Procedure (Scotland) Act 1995.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

11th March 2002

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