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(1)As well as applying to anything done in Scotland by any person, section 1(1) also applies to anything done outside Scotland by a person who is habitually resident in Scotland.
(2)As well as applying to anything done in Scotland by any person, section 6(1) also applies to a communication made by a person from outside Scotland if the person intends the material communicated to be read, looked at, watched or listened to primarily in Scotland.
(3)Where an offence under section 1(1) or 6(1) is committed outside Scotland, the person committing the offence may be prosecuted, tried and punished for the offence—
(a)in any sheriff court district in which the person is apprehended or in custody, or
(b)in such sheriff court district as the Lord Advocate may direct,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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