The Intensive Support and Monitoring (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, 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 movement restriction condition contained in a supervision requirement. They revoke the Intensive Support and Monitoring (Scotland) Regulations 2005(“the 2005 Regulations”)as amended by the Intensive Support and Monitoring(Scotland) Amendment(Scotland)Regulations 2005.

The 2005 Regulations, as amended, prescribe the local government areas to which they apply, and the methods and devices which may be used for monitoring compliance. They also set out the arrangements for monitoring compliance with a movement restriction condition, and make provision in that regard for the designation and functions of persons to monitor compliance, and for the variation of such designation. In addition they prescribe the conditions to be imposed by a children’s hearing when imposing a movement restriction requirement. Aside from some very minor stylistic changes, these provisions are all restated, in the same terms, with the exception of the prescribed devices which, following a change of contractor, are different. By virtue of regulation 1(3), there is a period of approximately two months during which the devices prescribed in these Regulations, or in the 2005 Regulations, as amended, may be used. This is to allow for an orderly transition.

In making provision by virtue of these Regulations for an amended list of prescribed devices, the opportunity has also been taken to provide for a consolidation of the 2005 Regulations as amended.

Regulation 3 prescribes the local authority areas to which the Regulations are to apply. These remain unchanged.

Regulation 4 sets out the arrangements for monitoring compliance with a movement restriction condition, under reference to a movement restriction care plan. These remain unchanged.

Regulation 5 makes provision in regard to the designation and functions of persons to monitor compliance with a movement restriction condition. These remain unchanged.

Regulation 6 prescribes the conditions to be imposed by the children’s hearing when imposing a movement restriction condition upon a child. These remain unchanged.

Regulation 7 sets out what monitoring methods may be used. These remain unchanged.

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

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