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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The obligations in subsections (2) and (3) are set out in relation to a requirement made under—
(a)section 1(1), or
(b)section 5(1).
(2)The monitored person must obey instructions given by the designated person on how or when an approved device allocated to the monitored person is to be—
(a)worn, or
(b)used in some other way,
so as to facilitate monitoring of the monitored person by means of the approved device for the purpose mentioned in section 1(4) or (as the case may be) 5(4).
(3)The monitored person must not—
(a)tamper with the approved device, or cause or permit someone else to tamper with the device, or
(b)intentionally damage or destroy the approved device, or cause or permit someone else so to damage or destroy the device.
(4)In subsection (2), the reference to the designated person is to whoever is for the time being designated under section 11(1)(a) or (as the case may be) (2)(a).
(5)In subsections (2) and (3)—
(a)the references to an approved device include any apparatus linked to the device as well as meaning the device itself,
(b)the references to the monitored person are to the person subject to the requirement made under section 1(1) or (as the case may be) 5(1).
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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