The Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) (No. 2) Regulations 2001

Made: 23rd May 2001

Laid before the Scottish Parliament: 24th May 2001

Coming into force: 1st June 2001

The Scottish Ministers, in exercise of the powers conferred by sections 2(6C) and 10(6) of the Sex Offenders Act 1997[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) (No. 2) Regulations 2001 and shall come into force on 1st June 2001.

• (2) These Regulations extend to Scotland only.

Prescribed police stations

2

In relation to persons subject to the notification requirements of Part I of the Sex Offenders Act 1997, section 2(5)(a) of that Act[^f00002] has effect as if for the reference to any police station in a person’s local police area there is substituted a reference to any police station which is–

• (a) in a person’s local police area; and

• (b) listed in the Schedule to these Regulations.

Revocation

3

The Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) Regulations 2001[^f00003] are hereby revoked.

SCHEDULE — LIST OF POLICE STATIONS

Signed

JAMES R WALLACE — A member of the Scottish Executive — 23rd May 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations extend to Scotland only. These Regulations replace with amendments the Sex Offenders (Notification Requirements) (Prescribed Police Stations) (Scotland) Regulations 2001 (S.S.I. 2001/173) (“the 2001 Regulations”) which are revoked by these Regulations (regulation 3).

The Sex Offenders Act 1997 (“the 1997 Act”) specifies in Part I that certain sex offenders are subject to requirements to notify certain personal details to the police. Section 2(5) of the 1997 Act (as amended by the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”)) provides for such notifications to be given in some cases by attending at any police station in a person’s local police area and in other cases by sending a written notice to any such police station. “Local police area” is defined in section 2(7) of the 1997 Act. The 2000 Act also introduced a power for the Scottish Ministers to provide for section 2(5) of the 1997 Act to have effect such that instead of the required notification being at, or by writing to, any police station in a person’s local police area, the police station would be one prescribed by regulations.

The 2001 Regulations had the effect of requiring notifications to be made by attending at, or writing to, any police station in a person’s local police area provided that station is mentioned in the list set out in the Schedule to those Regulations. These Regulations have the same effect except that the Schedule to these Regulations now includes the correct address for Dunbar Police Station, corrects the spelling in the address of Aikenhead Road Police Station and includes Livingston Police Station which was previously omitted from the list.

Footnotes

[^f00001]: 1997 c. 51. Section 2(6C) was inserted by paragraph 3 of Schedule 5 to the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”), and section 10(6) was inserted by paragraph 9 of Schedule 5 to the 2000 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) as read with section 81(6) of the 2000 Act which deemed section 66 of, and Schedule 5 to, the 2000 Act to be pre-commencement enactments within the meaning of the said 1998 Act.

[^f00002]: Section 2(5) was amended by paragraph 2 of Schedule 5 to the 2000 Act.

[^f00003]: S.S.I. 2001/173.