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Scottish Statutory Instruments

2007 No. 8

CRIMINAL LAW

The Drugs Assessor (Qualifications and Experience) (Scotland) Regulations 2007

Made

16th January 2007

Laid before the Scottish Parliament

17th January 2007

Coming into force

26th February 2007

The Scottish Ministers, in exercise of the powers conferred by section 90 of the Police, Public Order and Criminal Justice (Scotland) Act 2006(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Drugs Assessor (Qualifications and Experience) (Scotland) Regulations 2007 and shall come into force on 26th February 2007.

Interpretation

2.  In these Regulations–

“the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006;

“drugs assessment” shall be construed in accordance with section 85(3) of the Act; and

“drugs assessor” shall be construed in accordance with section 85(3) of the Act.

Prescribed Qualifications

3.  The qualifications prescribed for the purpose of section 90 of the Act are–

(a)a National Vocational Qualification which includes training on carrying out a drugs assessment as part of the qualification; or

(b)a Scottish Vocational Qualification which includes training on carrying out a drugs assessment as part of the qualification.

Prescribed Experience

4.—(1) The experience prescribed for the purpose of section 90 of the Act is the satisfactory completion of a period of not less than 6 months, or periods amounting to not less than 6 months, employment or voluntary work in carrying out drugs assessments.

(2) A person must have obtained the experience specified in paragraph (1) within the period of 5 years prior to the date on which that person applies to become a drugs assessor.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

16th January 2007

Explanatory Note

(This note is not part of the Regulations)

A drugs assessor is a person who will carry out a mandatory drugs assessment under section 85 of the Police, Public Order and Criminal Justice (Scotland) Act 2006. These Regulations prescribe the qualifications and experience either of which a person must have in order to become a drugs assessor.

A person who holds a National Vocational Qualification or a Scottish Vocational Qualification which includes training on carrying out drugs assessments will be suitably qualified to become a drugs assessor. Alternatively, a person who has at least a total of six months experience of carrying out drugs assessments will be suitably qualified to become a drugs assessor. That experience must have been obtained within the period of 5 years prior to the date of their application.