Search Legislation

The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 7) Order 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2009 No. 269 (C. 23)

Criminal Law

The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 7) Order 2009

Made

25th June 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 24(2) and (3) of the Management of Offenders etc. (Scotland) Act 2005(1).

Citation

1.  This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 7) Order 2009.

Commencement

2.  Section 10(2)(b) of the Management of Offenders etc. (Scotland) Act 2005 comes into force on 26th June 2009 but only for the purposes of section 10(1)(e) of that Act and in so far as section 10(1)(e) relates to persons subject to—

(a)the order referred to in section 10(11)(b) of that Act; and

(b)the directions referred to in section 10(11)(c) and (d) of that Act.

S ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th June 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order brings into force section 10(2)(b) for the purposes of section 10(1)(e) of the Management of Offenders etc. (Scotland) Act 2005 (“the 2005 Act”) in so far as that section relates to certain persons.

The persons covered by section 10(1)(e) of the 2005 Act are those who have been convicted of an offence if, by reason of that conviction, the person is considered to be someone who may cause serious harm to the public at large.

Section 10(1)(e) has been commenced to come into force on 26th June 2009. It is a limited commencement only in respect of persons subject to a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995, a hospital direction under section 59A of that Act or a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003. These are the orders and directions which are set out in section 10(11)(b) to (d) of the 2005 Act which specifies the persons for whom Health Boards and Special Health Boards, as “responsible authorities”, have duties to make arrangements.

Section 10(2)(b) provides that for the purposes of section 10(1)(b) or (e), it is immaterial where the offence of which the person has been convicted was committed. This clarifies for the purpose of identifying which authorities are responsible for making the arrangements that it is immaterial where the offence was committed. The test for establishing such responsibility is whether the person poses a risk in the responsible authority’s area.

This Order commences section 10(2)(b) but only for the purposes of section 10(1)(e) and in so far as that section has been commenced. Section 10(1)(b) has not yet been commenced.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2005 Act have been brought into force by commencement order made before the date of this Order:—

Provision

Date of Commencement

S.I. No.

Sections 3(1), (3), (4), (11), (12), (23), (24) and (25), 12, 15(1) to (3), (7), (10) (partially) and (14), 16, 18, 21(1)(a)(ii), (1)(b) and (c), (4), (5), (8) and (10)

8th February 20062006/48

Sections 1, 2, 3(2), (5)(a), (d), (f) to (h), (8), (9), (13) to (17), (20)(b), (21) and (22), 4, 5(1)(a), (2) to (4), 6 to 9, 21(1)(a)(i), (2), (3), (7), (9), (11) and (12)

3rd April 20062006/48
Section 14 and 1920th June 2006

2006/331

Section 15(4) to (6) (partially) and (8) to (13) (partially)

3rd July 20062006/331
Sections 10(3) (partially) and 21(13)1st December 2006

2006/545

Sections 3 and 5 (in so far as not already commenced), 10(1)(a), (2)(a), (3) (in so far as not already commenced), (4) to (10), (11)(c) and (d) and (12) to (14), 11 and 21(6)

2nd April 20072006/545

Section 15(5) and (10) (partially)

11th February 20082008/21

Section 15(4) and (6) (in so far as not already commenced) and (8) to (13) (in so far as not already commenced)

21st March 20082008/21

Section 10(1)(c), 10(1)(d) (partially), 10(2)(c), 10(11)(a) and (b)

30th April 20082008/149
Section 10(1)(e) (partially)26th June 20092009/240

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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
Close

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