- Latest available (Revised)
- Original (As made)
The Management of Offenders etc. (Scotland) Act 2005 (Supplementary Provisions) Order 2006
You are here:
- 2006 No. 389
- Explanatory Note
What Version
Opening Options
Status:
This is the original version (as it was originally made). Scottish Statutory Instruments are not carried in their revised form on this site.
Explanatory Note
(This note is not part of the Order)
This Order makes supplementary provisions that Scottish Ministers consider to be necessary or expedient following the establishment of Community Justice Authorities (referred to in this Note as “CJAs”) and appointment of chief officers and other staff of CJAs, in terms of the Management of Offenders etc. (Scotland) Act 2005.
The post of chief officer will be “politically restricted” and the holder of the post may not participate in political activity or stand for election to the House of Commons, the Scottish Parliament, the European Parliament or any local authority and members of these Parliaments and local authorities will be disqualified from appointment as a chief officer. Other CJA staff will be disqualified from membership of a local authority in the CJA area, and local authority members will be disqualified from appointment as a member of staff (other than the chief officer), or as holder of any paid office, of the CJA for that local authority’s area (article 2).
A CJA may not appoint as chief officer an employee of a local authority in Scotland or a partner body or a member of staff of the Scottish Administration unless the proposed appointee resigns from that employment. However this requirement does not prevent a secondment arrangement provided it is for a period of not less than 2 years and during the period of secondment the person does not exercise functions as an employee or holder of paid office on behalf of the seconding authority or body (article 3).
An applicant for the post of chief officer will need to produce to the CJA a criminal conviction certificate prior to appointment, and prior to making the appointment the CJA will need to be satisfied that any convictions disclosed in the certificate would not materially affect the person’s suitability to perform the duties of chief officer (article 4).
Chief officers will be ineligible for jury service (article 5).
CJAs will be subject to the Re-use of Public Sector Information Regulations 2005 (article 6).
Options/Help
Print Options
Print The Whole Instrument
Print This Explanatory Note only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Executive Note
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources