Search Legislation

The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 8) Order 2015

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This is the original version (as it was originally made).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

2015 No. 429 (C. 57)

Criminal Law

The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 8) Order 2015

Made

15th December 2015

Laid before the Scottish Parliament

17th December 2015

Coming into force

31st March 2016

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, commencement and interpretation

1.—(1) This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 8) Order 2015 and comes into force on 31st March 2016.

(2) In this Order “the 2005 Act” means the Management of Offenders etc. (Scotland) Act 2005.

Commencement

2.  Section 10(1)(e) of the 2005 Act, in so far as not already in force, comes into force on 31st March 2016.

3.  Section 10(2)(b) of the 2005 Act, in so far as not already in force, comes into force on 31st March 2016 but only for the purposes of section 10(1)(e) of that Act.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

15th December 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order brings into force on 31st March 2016 section 10(1)(e) of the Management of Offenders etc. (Scotland) Act 2005 (“the 2005 Act”) in so far as not already in force. Article 3 of this Order brings into force section 10(2)(b) in so far as not already in force but only for the purposes of section 10(1)(e) of the 2005 Act.

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) was partially commenced on 26th June 2009. This limited commencement was only in respect of persons subject to a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995 (c.46), 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 (asp 13). 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 under section 10 of that Act.

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.

Section 10(2)(b) was partially commenced on 26th June 2009. This limited commencement was only for the purposes of section 10(1)(e) and only in respect of those persons whom section 10(1)(e) was commenced in respect of on the 26th June 2009. Section 10(1)(b) has not yet been commenced.

The Bill for the 2005 Act received Royal Assent on 8th December 2005. Sections 13, 17, 20, 22, 23, 24 and 25 came into force on that day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The provisions of the 2005 Act commenced by an earlier commencement order are detailed in the table below.

ProvisionDate of CommencementInstrument No.
Sections 1 and 23rd April 2006S.S.I. 2006/48
Section 3(1)8th February 2006S.S.I. 2006/48
Section 3(2)3rd April 2006S.S.I. 2006/48
Section 3(3) and (4)8th February 2006S.S.I. 2006/48
Section 3(5)(a)3rd April 2006S.S.I. 2006/48
Section 3(5)(b) and (c)2nd April 2007S.S.I. 2006/545
Section 3(5)(d)3rd April 2006S.S.I. 2006/48
Section 3(5)(e)2nd April 2007S.S.I. 2006/545
Section 3(5)(f)-(h)3rd April 2006S.S.I. 2006/48
Section 3(6) and (7)2nd April 2007S.S.I. 2006/545
Section 3(8) and (9)3rd April 2006S.S.I. 2006/48
Section 3(10)2nd April 2007S.S.I. 2006/545
Section 3(11) and (12)8th February 2006S.S.I. 2006/48
Section 3(13)-(17)3rd April 2006S.S.I. 2006/48
Section 3(18) and (19)2nd April 2007S.S.I. 2006/545
Section 3(20)(a)2nd April 2007S.S.I. 2006/545
Section 3(20)(b), (21) and (22)3rd April 2006S.S.I. 2006/48
Section 3(23)-(25)8th February 2006S.S.I. 2006/48
Section 43rd April 2006S.S.I. 2006/48
Section 5(1)(a)3rd April 2006S.S.I. 2006/48
Section 5(1)(b)2nd April 2007S.S.I. 2006/545
Section 5(2)-(4)3rd April 2006S.S.I. 2006/48
Sections 6-93rd April 2006S.S.I. 2006/48
Section 10(1)(a)2nd April 2007S.S.I. 2006/545
Section 10(1)(c)30th April 2008S.S.I. 2008/149
Section 10(1)(d) (partially)30th April 2008S.S.I. 2008/149
Section 10(1)(e) (partially)26th June 2009S.S.I. 2009/240
Section 10(2)(a)2nd April 2007S.S.I. 2006/545
Section 10(2)(b) (partially)26th June 2009S.S.I. 2009/269
Section 10(2)(c)30th April 2008S.S.I. 2008/149
Section 10(3) (partially)1st December 2006S.S.I. 2006/545
Section 10(3) (in so far as not already commenced)2nd April 2007S.S.I. 2006/545
Section 10(4)-(10)2nd April 2007S.S.I. 2006/545
Section 10(11)(a) and (b)30th April 2008S.S.I. 2008/149
Section 10(11)(c) and (d), (12)-(14)2nd April 2007S.S.I. 2006/545
Section 112nd April 2007S.S.I. 2006/545
Section 128th February 2006S.S.I. 2006/48
Section 1420th June 2006S.S.I. 2006/331
Section 15(1)-(3)8th February 2006S.S.I. 2006/48
Section 15(4) (partially)3rd July 2006S.S.I. 2006/331
Section 15(4) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(5) (partially)3rd July 2006S.S.I. 2006/331
Section 15(5) (partially)11th February 2008S.S.I. 2008/21
Section 15(5) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(6) (partially)3rd July 2006S.S.I. 2006/331
Section 15(6) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(7)8th February 2006S.S.I. 2006/48
Section 15(8) and (9) (partially)3rd July 2006S.S.I. 2006/331
Section 15(8) and (9) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(10) (partially)8th February 2006S.S.I. 2006/48
Section 15(10) (partially)3rd July 2006S.S.I. 2006/331
Section 15(10) (partially)11th February 2008S.S.I. 2008/21
Section 15(10) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(11)-(13) (partially)3rd July 2006S.S.I. 2006/331
Section 15(11)-(13) (in so far as not already commenced)21st March 2008S.S.I. 2008/21
Section 15(14)8th February 2006S.S.I. 2006/48
Section 168th February 2006S.S.I. 2006/48
Section 188th February 2006S.S.I. 2006/48
Section 1920th June 2006S.S.I. 2006/331
Section 21(1)(a)(i)3rd April 2006S.S.I. 2006/48
Section 21(1)(a)(ii), (b) and (c)8th February 2006S.S.I. 2006/48
Section 21(2) and (3)3rd April 2006S.S.I. 2006/48
Section 21(4) and (5)8th February 2006S.S.I. 2006/48
Section 21(6)2nd April 2007S.S.I. 2006/545
Section 21(7)3rd April 2006S.S.I. 2006/48
Section 21(8)8th February 2006S.S.I. 2006/48
Section 21(9)3rd April 2006S.S.I. 2006/48
Section 21(10)8th February 2006S.S.I. 2006/48
Section 21(11) and (12)3rd April 2006S.S.I. 2006/48
Section 21(13)1st December 2006S.S.I. 2006/545

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

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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