Explanatory Notes

Abusive Behaviour and Sexual Harm (Scotland) Act 2016

2016 asp 22

28 April 2016

Commentary on Parts

Part 2 – Sexual Harm

Chapter 3 – Sexual harm prevention orders
Interaction with notification requirements
Section 18 – Application of notification requirements where order made

103.Subsection (2) provides that if the person is subject to notification requirements under Part 2 of the 2003 Act (sex offender notification requirements) and would, if not for the order, cease to be subject to the notification requirements, they will remain subject to the requirements for the duration of the order.

104.Subsection (3) provides that where the person is not subject to the notification requirements under Part 2 of the 2003 Act, the order makes them subject to the notification requirements for registered sex offenders (as set out in Part 2 of the 2003 Act) for the duration of the order.