The Structure and a Summary of the Act Arrangements and designation Section 11 – Designation of person to do monitoring
44.Section 11(1) provides that where an electronic monitoring requirement is made under section 1(1), the court must designate a person responsible for monitoring the person subject to the requirement and notify the monitored person of that designation. It further provides a list of information which the court must send to the designated person.
45.Section 11(2) provides that where an electronic monitoring requirement is made under section 5(1), the Scottish Ministers must designate a person responsible for monitoring the person subject to the requirement and notify the monitored person of that designation. It further provides a list of information which the Scottish Ministers must send to the designated person.
46.Section 11(3) specifies that if the relevant disposal or condition is suspended, the designated person’s responsibility for monitoring the monitored person is likewise suspended. It also provides that the designated person’s responsibility ends when the disposal ceases, or the conditions cease to have effect, or if someone else is designated as a replacement.
47.Section 11(4) provides that if the designated person can no longer discharge their responsibility to monitor a monitored person the court or the Scottish Ministers (as the case may be) must designate a replacement. It also provides that the court or the Scottish Minsters must notify the monitored person of the replacement designated person, and send the replacement designated person the same information as was provided to the person first (or previously) designated.