The Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006

Scottish Statutory Instruments

2006 No. 63

CRIMINAL LAW

The Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006

Made

14th February 2006

Laid before the Scottish Parliament

16th February 2006

Coming into force

3rd April 2006

The Scottish Ministers, in exercise of the power conferred by section 3(23) of the Management of Offenders etc. (Scotland) Act 2005(1), and all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006 and shall come into force on 3rd April 2006.

Partner bodies

2.  The following bodies are designated as partner bodies within the meaning of section 3(23) of the Management of Offenders etc. (Scotland) Act 2005–

(a) the chief constable of a police force maintained for a police area (or combined police area) any part of which is comprised within the area of a community justice authority;

(b) a Health Board, constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978(2), for an area any part of which is comprised within the area of the community justice authority;

(c) any individual or organisation that is in receipt of funding, in excess of such amount as may be specified by Scottish Ministers, from a local authority for an area comprised within the area of the community justice authority, for the provision of services or support to relevant persons or their families;

(d) Scottish Ministers exercising functions relating to the organisation and administration of the courts in terms of section 1 of the Sheriff Courts (Scotland) Act 1971(3);

(e) the Procurator Fiscal for a Sheriff Court District any part of which is comprised within the area of the community justice authority;

(f) Victim Support Scotland (being a company limited by guarantee incorporated in Scotland; Company No. SC 110185).

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th February 2006

Explanatory Note

(This note is not part of the Order)

This Order designates persons as “partner bodies” as defined in section 3(23) of the Management of Offenders etc. (Scotland) Act 2005. Partner bodies are consulted by community justice authorities (“CJA”) in connection with the preparation of the CJA’s area plan in terms of section 3(5)(a) of that Act. They are also involved in the arrangement for sharing information relating to “relevant persons”, as defined in section 1(2)(b), in terms of section 3(5)(f). The CJA will report to Scottish Ministers on the compliance of partner bodies with the CJA’s area plan in terms of section 3(5)(g).

(1)

2005 asp 14.

(2)

1978 c. 29.

(3)

1971 c. 58; to which no relevant amendments have been made. The functions of the Secretary of State transferred to the Scottish Ministers in terms of section 53 of the Scotland Act 1998 (c. 46).