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Criminal Justice (Scotland) Act 2003

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This is the original version (as it was originally enacted).

9Implementation and review of risk management plans

This section has no associated Explanatory Notes

(1)The lead authority and any other person having functions under the risk management plan are to implement the plan in accordance with their respective functions.

(2)Where the Risk Management Authority considers that the lead authority or any such other person is failing, without reasonable excuse, to implement the plan in accordance with those functions, the Authority may give directions to the lead authority or, as the case may be, the person as to the implementation of the plan; and the lead authority and the person must, subject to subsection (3), comply with any such direction.

(3)The lead authority or any other person to whom any direction is given under subsection (2) may appeal to the sheriff against the direction on the grounds that it is unreasonable.

(4)The lead authority is to report annually to the Risk Management Authority as to the implementation of the plan.

(5)Where there has been, or there is likely to be, a significant change in the circumstances of the offender, the lead authority is to review the plan.

(6)Where a review has been carried out under subsection (5), and the lead authority considers that the plan for the time being in force is, or is likely to become, unsuitable, either—

(a)the lead authority is to prepare an amended plan; or

(b)if it is not appropriate for it to continue as lead authority, a different lead authority (determined in accordance with section 7) is to prepare an amended plan,

within such period as the Risk Management Authority may reasonably require.

(7)Sections 6(3) and (4), 8(2) to (7) and this section apply to the preparation of an amended plan under subsection (6) as they do to the preparation of a plan under sections 6 to 8 but as if, in subsection (6)(b) of section 8, the reference to subsection (1) of that section were a reference to subsection (6).

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