Search Legislation

Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Changes to legislation:

There are currently no known outstanding effects for the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. PART 1 Abusive behaviour

    1. Abusive behaviour towards partner or ex-partner

      1. 1.Aggravation of offence where abuse of partner or ex-partner

    2. Disclosure of an intimate photograph or film

      1. 2.Disclosing, or threatening to disclose, an intimate photograph or film

      2. 3.Interpretation of section 2

      3. 4.Section 2: special provision in relation to providers of information society services

    3. Non-harassment orders

      1. 5.Making of non-harassment orders in criminal cases

  3. PART 2 Sexual harm

    1. CHAPTER 1 Jury directions relating to sexual offences

      1. 6.Jury directions relating to sexual offences

    2. CHAPTER 2 Sexual acts outside Scotland

      1. 7.Incitement to commit certain sexual acts elsewhere in the United Kingdom

      2. 8.Commission of certain sexual offences elsewhere in the United Kingdom

      3. 9.Commission of certain sexual offences outside the United Kingdom

    3. CHAPTER 3 Sexual harm prevention orders

      1. Meaning of sexual harm

        1. 10.Meaning of sexual harm

      2. Circumstances where sexual harm prevention order may be made

        1. 11.Making of order on dealing with person for offence

        2. 12.Making of order against qualifying offender on application to sheriff

        3. 13.Qualifying offender: conviction etc. in Scotland

        4. 14.Qualifying offender: conviction etc. elsewhere in United Kingdom

        5. 15.Qualifying offender: conviction etc. outside United Kingdom

      3. What order does

        1. 16.Content and duration of order

        2. 17.Prohibitions on foreign travel

      4. Interaction with notification requirements

        1. 18.Application of notification requirements where order made

        2. 19.Cessation of order: relevant sexual offenders

      5. Variation, renewal and discharge

        1. 20.Variation, renewal and discharge

      6. Interim orders

        1. 21.Interim orders

      7. Appeals

        1. 22.Appeals

      8. Requirement to serve order

        1. 23.Requirement for clerk of court to serve order

      9. Enforcement

        1. 24.Offence of breaching order

      10. Interpretation

        1. 25.Interpretation of Chapter

    4. CHAPTER 4 Sexual risk orders

      1. Meaning of harm

        1. 26.Meaning of harm

      2. Making of order

        1. 27.Making of order

      3. What order does

        1. 28.Content and duration of order

        2. 29.Prohibitions on foreign travel

      4. Variation, renewal and discharge

        1. 30.Variation, renewal and discharge

      5. Interim orders

        1. 31.Interim orders

      6. Appeals

        1. 32.Appeals

      7. Requirement to serve order

        1. 33.Requirement for clerk of court to serve order

      8. Enforcement

        1. 34.Offence of breaching order

        2. 35.Application of notification requirements on breach of order

      9. Interpretation

        1. 36.Interpretation of Chapter

    5. CHAPTER 5 Equivalent orders elsewhere in United Kingdom

      1. 37.Breach of orders equivalent to orders in Chapters 3 and 4: offence

      2. 38.Breach of certain equivalent orders: application of notification requirements

    6. CHAPTER 6 Previous orders

      1. 39.Repeals of provisions as to previous orders

      2. 40.Saving and transitional provision

  4. PART 3 General

    1. 41.Interpretation

    2. 42.Ancillary provision

    3. 43.Minor and consequential modifications

    4. 44.Crown application

    5. 45.Commencement

    6. 46.Short title

    1. SCHEDULE 1

      SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES

      1. Exceptions for mere conduits

        1. 1.(1) A service provider is not capable of being guilty...

      2. Exception for caching

        1. 2.(1) This paragraph applies where an information society service consists...

      3. Exception for hosting

        1. 3.(1) A service provider is not capable of being guilty...

      4. Interpretation

        1. 4.(1) In this schedule— “information society services”— has the meaning...

    2. SCHEDULE 2

      MINOR AND CONSEQUENTIAL MODIFICATIONS

      1. Criminal Procedure (Scotland) Act 1995

        1. 1.(1) The 1995 Act is amended as follows.

      2. Police Act 1997

        1. 2.(1) The Police Act 1997 is amended as follows.

      3. Sexual Offences Act 2003

        1. 3.(1) The 2003 Act is amended as follows.

      4. Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

        1. 4.Subsections (1) to (5) of section 17 of the 2005...

      5. Protection of Vulnerable Groups (Scotland) Act 2007

        1. 5.Paragraph 1 of schedule 1 of the Protection of Vulnerable...

      6. Sexual Offences (Scotland) Act 2009

        1. 6.In section 54(8) of the 2009 Act, in the definition...

      7. Criminal Justice and Licensing (Scotland) Act 2010

        1. 7.The following provisions of the Criminal Justice and Licensing (Scotland)...

      8. Police and Fire Reform (Scotland) Act 2012

        1. 8.Paragraph 26 of schedule 7 of the Police and Fire...

      9. Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)

        1. 9.Article 4(1) of the Sexual Offences Act 2003 (Remedial) (Scotland)...

      10. Anti-social Behaviour, Crime and Policing Act 2014

        1. 10.Paragraphs 78 and 79 of schedule 11 of the Anti-social...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources