The Intensive Support and Monitoring (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under the Children (Scotland) Act 1995, as amended by the Antisocial Behaviour etc. (Scotland) Act 2004, regulate the arrangements for monitoring compliance with a supervision requirement with a movement restriction condition, as defined within section 70 of the 1995 Act.

Regulation 3 prescribes those local government areas to which the Regulations are to apply. As at 1st April 2005 these comprise the City of Edinburgh, Dundee City, East Dunbartonshire, Glasgow City, Highland, Moray and West Dunbartonshire.

Regulation 4 details the considerations for a children’s hearing, in relation to which it must be satisfied, before imposing upon a child, within a supervision requirement, a movement restriction condition. These focus on the adequacy and appropriateness of the movement restriction care plan, as defined within regulation 2, which is to be made for the child.

Regulation 5 sets out the arrangements for monitoring compliance with a movement restriction condition, where such condition is imposed upon a child, within a supervision requirement, and designates persons in respect of the functions specified.

Regulation 6 prescribes the conditions which are to be imposed by the children’s hearing, to the extent that it considers necessary, when imposing a movement restriction condition upon a child.

Regulation 7 sets out what monitoring methods may be used.

Regulation 8 and the Schedule specify what devices may be used for monitoring.

Regulation 9 makes provision in relation to the variation of the designation of those persons who can monitor compliance with a movement restriction condition.