Scottish Statutory Instruments
Rehabilitation Of Offenders
Made
3rd December 2019
Laid before the Scottish Parliament
5th December 2019
Coming into force
21st December 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63(2) of the Management of Offenders (Scotland) Act 2019(1).
1. These Regulations may be cited as the Management of Offenders (Scotland) Act 2019 (Commencement No. 2) Regulations 2019 and come into force on 21 December 2019.
2. 21 December 2019 is the day appointed for the coming into force of the following provisions of the Management of Offenders (Scotland) Act 2019—
(a)section 32 (how particular powers are exercisable),
(b)section 39 (meaning of the 1974 Act).
H YOUSAF
A member of the Scottish Government
St Andrew’s House,
Edinburgh
3rd December 2019
(This note is not part of the Regulations)
These Regulations bring into force sections 32 (how particular powers are exercisable) and 39 (meaning of the 1974 Act) of the Management of Offenders (Scotland) Act 2019 (“the Act”) on 21 December 2019.
Section 32 inserts a new section 10A into the Rehabilitation of Offenders Act 1974 (“the 1974 Act”). Section 10A(1) provides that any orders made by the Scottish Ministers under the 1974 Act can make different provisions for different purposes and can include ancillary provision. Section 10A(2) provides that the power to make an order under section 5(11) of the 1974 Act to the extent that it is exercisable by the Scottish Ministers, includes the power to make consequential provision modifying any enactment.
Section 39 provides that any reference to “the 1974 Act” in Part 2 of the Act means the Rehabilitation of Offenders Act 1974.
The Bill for the Act received Royal Assent on 30 July 2019. Sections 62 (ancillary provision), 63 (commencement) and 64 (short title) came into force on the following day.
(This note is not part of the Regulations)
The following provisions of the Management of Offenders (Scotland) Act 2019 have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | Instrument No. |
|---|---|---|
| Section 16(1) (partially) | 11 October 2019 | S.S.I. 2019/309 |
| Section 48 | 11 October 2019 | S.S.I. 2019/309 |
| Section 49 | 11 October 2019 | S.S.I. 2019/309 |
| Section 50(1), (2) and (4) | 11 October 2019 | S.S.I. 2019/309 |
| Section 53(1) and (3)(a) | 11 October 2019 | S.S.I. 2019/309 |
| Section 55 | 11 October 2019 | S.S.I. 2019/309 |
| Section 56 | 11 October 2019 | S.S.I. 2019/309 |
| Section 57 | 11 October 2019 | S.S.I. 2019/309 |
| Section 59 | 11 October 2019 | S.S.I. 2019/309 |
| Section 60 | 11 October 2019 | S.S.I. 2019/309 |
| Section 61 | 11 October 2019 | S.S.I. 2019/309 |
| Schedule 1, paragraph 1 | 11 October 2019 | S.S.I. 2019/309 |
| Schedule 1, paragraph 3 | 11 October 2019 | S.S.I. 2019/309 |
| Schedule 1, paragraph 4 | 11 October 2019 | S.S.I. 2019/309 |
| Schedule 1, paragraph 5 | 11 October 2019 | S.S.I. 2019/309 |