- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)As regards a requirement made under section 1(1), subsection (3) applies in relation to a hearing on the issue of whether the person subject to the requirement has—
(a)contravened the specified aspects of the associated disposal, or
(b)contravened section 12(2) or (3).
(2)As regards a requirement made under section 5(1), subsection (3) applies in relation to a hearing on the issue of whether the person subject to the requirement has—
(a)contravened the specified aspects of the associated conditions, or
(b)contravened section 12(2) or (3).
(3)Evidence may be given by way of a document bearing to comprise (both)—
(a)a statement—
(i)produced by an approved device (or any apparatus linked to the device), and
(ii)showing information relevant to the issue, and
(b)a certificate signed by or on behalf of the designated person that the information is accurate.
(4) Examples are information about—
(a)the device’s whereabouts at a particular time (including when being at, or not being at, a particular place),
(b)the—
(i)connectivity of the device or working of the device in some other way,
(ii)wearing of the device or use of the device in some other manner,
at a particular time,
(c)the presence or level of alcohol, drugs or other substances in the wearer’s or user’s body at a particular time.
(5)The document—
(a)is sufficient evidence of everything contained in it,
(b)is admissible only if a copy of it is served, prior to the start of the hearing, on the person whose alleged contravention is the subject of the hearing.
(6)In subsections (1) to (3)—
(a)a reference to a hearing includes a court or administrative hearing,
(b)a reference to the specified aspects of the disposal or the conditions in question has the same meaning as is given by section 1(7) or (as the case may be) 5(7),
(c)the reference to the designated person is to someone who at the time of the signing of the certificate is designated under section 11(1)(a) or (as the case may be) (2)(a).
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: