The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 3) Order 2006

Scottish Statutory Instruments

2006 No. 545 (C.42)

CRIMINAL LAW

The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 3) Order 2006

Made

14th November 2006

The Scottish Ministers, in exercise of the powers conferred by section 24(2) and (3) of the Management of Offenders etc. (Scotland) Act 2005(1), hereby make the following Order:

Citation

1.  This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 3) Order 2006.

Commencement

2.  The sections of the Management of Offenders etc. (Scotland) Act 2005 specified in column 1 of the table below shall come into force on the relevant date specified in column 2.

Column 1	Column 2
Provisions to be commenced	Commencement date
Section 10(3) (but only for the purpose of enabling the Scottish Ministers to specify such persons as described in that section) and section 21(13)	1st December 2006
Section 3 (insofar as not already commenced), section 5 (insofar as not already commenced), section 10(1)(a), (2)(a), (3) (insofar as not already commenced), (4) to (10), (11)(c) and (d) and (12) to (14), section 11 and section 21(6)	2nd April 2007

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th November 2006

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Management of Offenders etc. (Scotland) Act 2005 (“the Act”).

Section 3 of the Act provides for the establishment of community justice authorities by statutory instrument and makes provision as to the composition, status and functions of such authorities.

Section 5 places the chief officers of community justice authorities under a duty to report to Scottish Ministers on the performance and activities of those authorities.

Section 10 confers a duty on the responsible authorities to put in place, in each local authority area, arrangements for the assessment and management of the risks posed by offenders falling into the categories set out in section 10(1). Section 10(1)(a) deals with offenders subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 and it is only in respect of that category of offender that the section is being commenced at present.

Section 11 requires the responsible authorities to monitor the effectiveness of the arrangements put in place under section 10, and to make any changes which they consider necessary or expedient.

Section 21 makes provision for the amendment or repeal of a number of statutory provisions. Section 21(6) amends the Prisons (Scotland) Act 1989 as it provides for the constitution of visiting committees; section 21(13) amends the Criminal Justice (Scotland) Act 2003 as it provides for the remote monitoring of children released from custody on licence.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.S.I. No.
Sections 3(1), (3), (4), (11), (12), (23), (24) and (25), 12, 15(1), (2), (3), (7), (10) (partially) and (14), 16, 18, 21(1)(a)(ii), (1)(b) and (c), (4), (5), (8) and (10)	8th February 2006	2006/48
Sections 1, 2, 3(2), (5)(a), (d), (f), (g) and (h), (8), (9), (13), (14), (15), (16), (17), (20)(b), (21) and (22), 4, 5(1)(a), (2), (3) and (4), 6 to 9, 21(1)(a)(i), (2), (3), (7), (9), (11) and (12)	3rd April 2006	2006/48
Sections 14 and 19	20th June 2006	2006/331
Section 15(4), (5), (6), (8), (9), (10) (insofar as not already commenced), (11), (12) and (13) (partially)	3rd July 2006	2006/331

(1)

2005 asp 14.