The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013

Made: 21st June 2013

Laid before the Scottish Parliament: 24th June 2013

Coming into force: 8th July 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010[^f00001].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013 and comes into force on 8th July 2013.

• (2) In this Order—

• “the 2003 Act” means the Sexual Offences Act 2003[^f00002];

• “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

• “home address” has the meaning given by section 83(7) of the 2003 Act;

• “relevant offender” has the meaning given by section 80(2) of the 2003 Act.

Commencement of section 102(1) and (2) (sex offender notification requirements) of the 2010 Act

2

Section 102(1) and (2) of the 2010 Act, in so far as not already in force, comes into force on 8th July 2013.

Saving provision

3

• (1) Paragraph (2) applies where—

• (a) a relevant offender has notified information to the police under section 83(1), 84(1) or 85(1) of the 2003 Act before 8th July 2013; and

• (b) the last home address notified by the relevant offender was the address or location of such a place as is mentioned in section 83(7)(b) of the 2003 Act.

• (2) Despite article 2, the amendments made to section 85 (notification requirements: periodic notification) of the 2003 Act by section 102(2) of the 2010 Act are of no effect until the relevant offender first notifies under section 84(1) or 85(1) of the 2003 Act on or after 8th July 2013.

Signed

KENNY MACASKILL — A member of the Scottish Government — 21st June 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 102(1) and (2) of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”), in so far as not already in force. It also makes a related saving provision.

Article 2 brings fully into force, on 8th July 2013, section 102(1) and (2) of the 2010 Act. Section 102(1) and (2) of the 2010 Act amends section 85 of the Sexual Offences Act 2003 (“the 2003 Act”), relating to sex offender notification requirements. The amendments make provision in relation to the applicable period within which certain sex offenders (“relevant offenders”) must periodically notify to the police specific personal information. They provide for a different period to be prescribed for relevant offenders who have no sole or main residence in the United Kingdom, as compared with those that do (and for whom the period continues to be one year). Section 102(1) and (2) of the 2010 Act was brought partially into force (for restricted purposes only) on 28th March 2011.

Article 3 makes a saving provision in relation to relevant offenders who, on 8th July 2013, have no sole or main residence in the United Kingdom. It applies where those offenders have notified to the police, before that date, their personal information (including the address or location of a place in the United Kingdom where they can regularly be found) under section 83(1) (initial notification requirement), 84(1) (requirement to notify changes) or 85(1) (periodic notification requirement) of the 2003 Act. The amendments which section 102(2) of the 2010 Act makes to section 85 of the 2003 Act do not apply to those offenders until they first notify under section 84(1) or 85(1) of the 2003 Act on or after 8th July 2013.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force the following day.

Footnotes

[^f00001]: 2010 asp 13.

[^f00002]: 2003 c.42.