
2024 No. 354
Criminal Law
The Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024
Made 20th November 2024
Laid before the Scottish Parliament 22nd November 2024
Coming into force 31st January 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(1) and 15(1) of the Management of Offenders (Scotland) Act 2019 and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 and come into force on 31 January 2025.
Amendment of the Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020
2 
The Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020 are amended in accordance with regulations 3 and 4.
Amendment of regulation 1 (citation, commencement and interpretation)
3 
In regulation 1(3)—
(a) in the definition of “fitting and installation tool”—
(i) in paragraph (b), after “fit a” insert “GPS personal identification device or an RF”,
(ii) in paragraph (c) for “or a personal identification device”, substitute “, a GPS personal identification device or an RF personal identification device”,
(b) after the definition of “GPS” insert—“
 “GPS personal identification device” means an electronic device which—
(a) uses GPS or a secondary location tracking medium to track a monitored person’s location,
(b) transmits information to a home monitoring unit via a short-range radio signal,
(c) transmits information to a remote server via a mobile phone network, and
(d) is intended to be securely fitted to a monitored person,”,
(c) in the definition of “home monitoring unit” in paragraph (a)—
(i) after “from a” insert “GPS personal identification device or an RF”,
(ii) after “range” insert “radio”,
(d) after the definition of “home monitoring unit” insert—“
 “mains charger” means a device used to charge a GPS personal identification device by mains electricity,”,
(e) after the definition of “monitored person” insert—“
 “portable charger” means a battery pack used to charge a GPS personal identification device without mains electricity,
 “RF” means radio frequency,”,
(f) in the definition “personal identification device” before “personal” insert “RF”,
(g) after the definition of “RF personal identification device” (as amended by these regulations) insert—“
 secondary location tracking medium” means a location tracking medium which uses a mobile phone network or a connection to a wireless fidelity (Wi-Fi) network.”.
Amendment of regulation 2 (Approved devices)
4 

(1) In regulation 2(1) omit “or 5(1)”.
(2) In regulation 2(2)(b) after “a” insert “RF”.
(3) After regulation 2(2) insert—“
(3) The types of electronic devices listed in paragraph (4) are prescribed by the Scottish Ministers as approved devices in relation to a requirement imposed under section 5(1) of the 2019 Act.
(4) The types of electronic device are—
(a) an RF personal identification device,
(b) a GPS personal identification device,
(c) a home monitoring unit,
(d) a fitting and installation tool,
(e) a mains charger, and
(f) a portable charger.”.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
20th November 2024