Section 55 inserts new sections 5B, 5C and 5D into the SCA 2007 to provide the courts with the express legislative power to impose an electronic monitoring requirement as a part of an SCPO.
	New section 5B(1) sets out that SCPOs can include the requirement for persons subject to an SCPO in England and Wales to submit to electronic monitoring, solely in order to monitor their compliance with other terms and restrictions of the order (for instance where curfews or restrictions on movement are part of the terms of an individual’s SCPO). Such a requirement is referred to in new section 5B as an "electronic monitoring requirement".
	New section 5B(3) and (4) stipulates the requirement for a person to be specified who will be responsible for the monitoring ("the responsible person") and that it will be set out in regulations made by the Secretary of State. In practice, this will specify the service provider or providers who are contracted to provide electronic monitoring services for the purposes of the SCPO regime.
	New section 5B(5)(a) to (c) outlines the obligations on the person subject to an electronic monitoring requirement as part of an SCPO regarding the fitting, installation, inspection, or repair of the device. Someone who is subject to this requirement must: allow any necessary device to be fitted to them or installed; allow the device to be inspected; not interfere with the working of any device necessary for the electronic monitoring (such as tampering or intentionally damaging the device); and take any steps required by the ‘responsible person’ (the service provider) to keep the device in working order.
	New section 5B(6) provides that an electronic monitoring requirement cannot be imposed for more than 12 months at a time. This provision is subject to sections 17, 20, 21 and 22E of the SCA 2007, as amended by subsections (3) to (5) of new section 5D, which allow for the extension of the electronic monitoring requirement beyond 12 months upon application. The electronic monitoring requirement can only be extended up to 12 months at a time thereafter.
	New section 5C(1) to (3) sets out the statutory safeguards and provisions which courts must consider before imposing electronic monitoring as a condition of an SCPO. These include that the electronic monitoring requirement cannot be imposed in the absence of the person subject to the SCPO and that the consent of any additional persons must be gained if the electronic monitoring of an individual would be impractical to impose without their cooperation.
	New section 5C(4) sets out that the court may only impose an electronic monitoring requirement in England and Wales if it has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant police area (for example, the "relevant police area" has the available technology), and that the court is satisfied that the necessary provision can be made under the available arrangements to support the electronic monitoring requirement.
	New section 5C(5) defines the "relevant police area" within England and Wales as the police area where the person resides or will reside. The relevant police area can also be the specified area where the person must remain or is prohibited from entering as part of the specific conditions set out in the SCPO.
	A code of practice will outline the expectations, safeguards, and broad responsibilities for the collection of data gathered, retention and sharing of information on these orders. New section 5D(1) sets out the statutory requirement for the Secretary of State to issue a code of practice relating to the processing of data gathered during electronic monitoring as a condition for an SCPO.
	New section 5D(2) stipulates that failing to act in accordance with the code of practice does not of itself make a person liable to criminal or civil proceedings.
	New section 5D(3) to (5) introduces restrictions on the extension of electronic monitoring requirements. Specifically, courts in England and Wales are prohibited from extending such requirements by more than 12 months at a time.
	Subsection (6) makes consequential amendments to section 89 of the SCA 2007 to apply the general provisions there in respect of the order-making powers in that Act to the new regulation-making power provided for in new section 5B.
Part 3: Prevention of Serious Crime Serious crime prevention orders Section 55: Electronic monitoring requirements