Search Legislation

Advanced Search

The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2008

What Version

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

Status:

This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.

Article 2(2)

SCHEDULE 2FUNCTION EXERCISABLE BY THE SCOTTISH MINISTERS

This schedule has no associated Explanatory Memorandum
Column 1Column 2

1.  Section 245C(1) of the Criminal Procedure (Scotland) Act 1995 (the function of making arrangements for the remote monitoring of offenders)(1).

Only insofar as that function relates to the remote monitoring of the compliance by an offender with a curfew condition as defined in section 12AB(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993(2) and only in cases where that offender has been transferred from Scotland to England and Wales in circumstances where paragraph 10 of Schedule 1 to the Crime (Sentences) Act 1997 applies(3) and released on licence in accordance with section 3AA of the 1993 Act.
(1)

1995 c. 46; section 245C(1) was inserted by section 5 of the Crime and Punishment (Scotland) Act 1997 (c. 48). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

1993 c. 9; section 12AB(1) was inserted by section 15(10) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14). Section 12AB(3) applies section 245C of the Criminal Procedure (Scotland) Act 1995 in relation to the imposition of and compliance with a curfew condition specified by virtue of section 12AB(1).

(3)

Paragraph 10 has been amended by paragraph 135(5) of Schedule 8 to the Crime and Disorder Act 1998 and section 21(8)(a) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) (which was extended to England and Wales and Northern Ireland by article 3 of the Management of Offenders etc. (Scotland) Act 2005 (Consequential Modifications) Order 2006 (S.I. 2006/1055)). The references to the Secretary of State are to be construed in accordance with the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 130(8).

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

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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