
1 

(1) These Regulations may be cited as the Management of Offenders (Scotland) Act 2019 (Commencement No. 6 and Saving Provisions) Regulations 2022 and come into force on 17 May 2022.
(2) In these Regulations—
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,
 “the 2019 Act” means the Management of Offenders (Scotland) Act 2019,
 “community payback order” means an order made under section 227A of the 1995 Act,
 “drug treatment and testing order” means an order made under section 234B(2) of the 1995 Act,
 “the appointed day” means the day appointed by regulation 2(1).
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(1) Subject to paragraph (3) and regulation 3, the day appointed for the coming into force of the provisions of the 2019 Act specified in paragraph (2) is 17 May 2022.
(2) The provisions are—
(a) section 1 (requirement when disposing of case),
(b) section 2 (particular rules regarding disposals),
(c) section 5 (requirement with licence conditions),
(d) section 6 (particular rules regarding conditions),
(e) section 7 (list of the relevant conditions),
(f) section 10 (arrangements for monitoring system),
(g) section 11 (designation of person to do monitoring),
(h) section 12 (standard obligations put on offenders),
(i) section 13 (deemed breach of disposal or conditions),
(j) section 14 (documentary evidence at breach hearings),
(k) section 16 (additional and consequential provisions), in so far as not already in force,
(l) schedule 1 (court orders and electronic monitoring), in so far as not already in force.
(3) Section 1 of the 2019 Act comes into force only for the purpose of the disposals listed at section 3(2)(b), (c), (d), (g) and (h) of that Act.
3 

(1) Section 1 of the 2019 Act is of no effect in relation to a disposal listed at section 3(2)(b) of the 2019 Act, a community payback order or a drug treatment and testing order made before the appointed day.
(2) Paragraph 2 of schedule 1 of the 2019 Act is of no effect in relation to a community payback order made before the appointed day.
(3) Paragraph 6 of schedule 1 of the 2019 Act is of no effect in relation to a condition of a sort mentioned in section 7(1)(a) of the 2019 Act imposed before the appointed day.
(4) Paragraph 7 of schedule 1 of the 2019 Act is of no effect in relation to a disposal listed at section 3(2)(b) of the 2019 Act, a community payback order or a drug treatment and testing order made or imposed before the appointed day.
(5) Paragraph 8 of schedule 1 of the 2019 Act is of no effect in relation to a disposal listed at section 3(2)(b) of the 2019 Act, a community payback order or a drug treatment and testing order made before the appointed day.
(6) Paragraph 9 of schedule 1 of the 2019 Act is of no effect in relation to a condition of a sort mentioned in section 7(1)(b) or (c) of the 2019 Act imposed before the appointed day.
KEITH BROWN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th March 2022