Abusive Behaviour and Sexual Harm (Scotland) Act 2016

29 Prohibitions on foreign travel

(1) A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 30.

(4) A sexual risk order that contains a prohibition within subsection (2)(c) must require the person who is subject to the order to surrender all of the person’s passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) In this section, “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971,

(b) a passport issued by or on behalf of the authorities of another country,

(c) a passport issued by or on behalf of an international organisation,

(d) a document that can be used (in some or all circumstances) instead of a passport.

(6) Any passports surrendered in accordance with the requirement must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).

(7) Subsection (6) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of another country if the passport has been returned to those authorities,

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.