LegalizeAct of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) (Notification Requirements) 2013
Made: 13th June 2013
Laid before the Scottish Parliament: 14th June 2013
Coming into force in accordance with paragraphs
The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section305 of the Criminal Procedure (Scotland) Act 1995[^f00001] and of all other powers enabling them in that behalf do hereby enact and declare:
Citation, commencement etc.
1
- (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) (Notification Requirements) 2013.
- (2) Subject to subparagraph(3) it comes into force on the day after the day on which the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2013[^f00002] are made.
- (3) Paragraph3 comes into force on the day on which section102(1) and (2) (sex offender notification requirements) of the Criminal Justice and Licensing (Scotland) Act 2010[^f00003] comes fully into force.
- (4) A certified copy of this Act of Adjournal is to be inserted in the Books of Adjournal.
- (5) The Criminal Procedure Rules 1996[^f00004] are amended in accordance with the following paragraphs.
Travel Notification Requirements
2
In the appendix, in Form20.3A-B[^f00005], in the paragraph starting “Notify the police 7days in advance” omit “for a period of 3 days or longer.”
Periodic notification requirement for relevant offenders who have no sole or main residence in the United Kingdom
3
In the appendix, in Form20.3A-B, at the end of the paragraph starting “Notify the police of your details every 12months” insert “or, if you have no sole or main residence in the UK, every 7days”.
Signed
BRIAN GILL — Lord Justice General — I.P.D. — 13th June 2013
Explanatory note
(This note is not part of the Act of Adjournal)
EXPLANATORY NOTE
This Act of Adjournal amends the Criminal Procedure Rules 1996.
Paragraphs2 and 3 amend the form of notice of requirement to notify the police under Part 2 of the Sexual Offences Act 2003. The changes include new requirements to notify details of all travel outside the UK and a new notification period of 7 days for offenders who have no sole or main residence in the UK. The changes are consequential upon amendments made to the Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004 by the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2013 and changes to the applicable period for the purpose of section85(5)(a) of the 2003 Act.
Footnotes
[^f00001]: 1995 c.46.
[^f00002]: S.S.I. 2013/[ ].
[^f00003]: 2010 asp 13. Section102(1) and (2) came partially into force, for specific purposes only, on 28th March 2011 by virtue of article2 of the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No.8, Transitional and Savings Provisions) Order 2011 (S.S.I. 2011/178).
[^f00004]: The Criminal Procedure Rules 1996 are contained in Schedule2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513), last amended by S.S.I. 2013/72.
[^f00005]: Form 20.3A-B was substituted by S.S.I. 2007/276.
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