Children’s Hearings (Scotland) Act 2011

Movement restriction conditions: regulations etc.

150 Movement restriction conditions: regulations etc.

(1) The Scottish Ministers may by regulations prescribe—

(a) restrictions, or

(b) monitoring arrangements,

that may be imposed as part of a movement restriction condition.

(2) Regulations under subsection (1) may in particular—

(a) prescribe the maximum period for which a restriction may have effect,

(b) prescribe methods of monitoring compliance with a movement restriction condition,

(c) specify devices that may be used for the purpose of that monitoring,

(d) prescribe the person or class of person who may be designated to carry out the monitoring, and

(e) require that the condition be varied to designate another person if the person designated ceases to be prescribed, or fall within a class of person, prescribed under paragraph (d).

(3) Regulations under subsection (1) are subject to the affirmative procedure.

(4) The Scottish Ministers may—

(a) make arrangements (contractual or otherwise) to secure the services of such persons as they think fit to carry out monitoring, and

(b) make those arrangements in a way that provides differently for different areas or different forms of monitoring.

(5) Nothing in any enactment or rule of law prevents the disclosure to a person providing a service under an arrangement made under subsection (4) of information relating to a child where the disclosure is made for the purposes only of the full and proper provision of monitoring.