The Sexual Offences Act 2003 (Notification Requirements) Regulations (Northern Ireland) 2014

Citation and commencement

1.—(1) These Regulations may be cited as the Sexual Offences Act 2003 (Notification Requirements) Regulations (Northern Ireland) 2014.

(2) These Regulations shall come into operation on the day following the date on which they are approved by resolution of the Assembly.

Interpretation

2.  In these Regulations—

“the 2003 Act” means the Sexual Offences Act 2003;

“the 2004 Regulations” means the Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004(1);

“banking institution” means a bank, building society or other institution which provides banking services;

“business” includes any trade, profession or vocation;

“child” means a person aged under 18 years;

“credit card” means a card which is a credit-token within the meaning of section 14(1)(b) of the Consumer Credit Act 1974(2);

“credit card provider” means a bank, building society or other institution which provides a credit card;

“debit card” means a card the use of which by its holder to make a payment results in a current account of the holder at a banking institution being debited with the payment;

“identity document” has the same meaning as in the Identity Documents Act 2010(3) but does not include a stamp or label; and

“relevant household” means a household or other place—

(a)

where a child resides or stays, and

(b)

to which the public do not have access (whether for payment or not).

Transitional provision: travel notification requirements

3.  A relevant offender is not required to give notification in accordance with regulation 5(1) of the 2004 Regulations (requirement to give notification in respect of all travel outside the United Kingdom other than travel to the Republic of Ireland) if—

(a) he intends to leave the United Kingdom for a period of less than three days; and

(b) his intended date of departure is on or before the date 14 days after these regulations come into operation.

Amendment of the Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004

4.  The 2004 Regulations are amended in accordance with regulations 5 to 8 of these Regulations.

5.  In regulation 5 of the 2004 Regulations—

(a) in paragraph (1) after “United Kingdom” insert “except to travel to the Republic of Ireland” and omit “for a period of three days or longer”;

(b) after paragraph (1) insert “(1A) A relevant offender who intends to leave the United Kingdom to travel to the Republic of Ireland for a period of three days or longer must give a notification under section 86(2) in accordance with these Regulations”;

(c) in paragraph (3) for “(3)” substitute “(4)” and for “24 hours” substitute “12 hours”.

6.  For regulation 6 of the 2004 Regulations substitute—

“Information to be disclosed in a notification under section 86(2)

6.   In addition to the information required by section 86(2)(a) and (b), a relevant offender to whom these Regulations apply must disclose, where he holds such information—

(a) where he intends to travel to more than one country outside the United Kingdom, his intended point of arrival in each such additional country;

(b) the dates on which he intends to stay in any country to which he intends to travel;

(c) details of his accommodation arrangements in any country to which he intends to travel;

(d) the identity of any carrier or carriers he intends to use for the purposes of his departure from and return to the United Kingdom, and of travelling to any other point of arrival;

(e) in a case in which he intends to return to the United Kingdom on a particular date, that date; and

(f) in a case in which he intends to return to the United Kingdom at a particular point of arrival, that point of arrival.”.

7.  In regulation 7 of the 2004 Regulations—

(a) in paragraph (2) for “24 hours” substitute “12 hours”;

(b) after paragraph (2) insert—

“(3) The relevant offender may not give notification under paragraph (2) less than 24 hours before the date of his intended departure unless he has a reasonable excuse for being unable to give such notification before that time.”.

8.  In regulation 8 of the 2004 Regulations—

(a) in paragraph (3)(a) for “6(d)” substitute “6(e)”;

(b) in paragraph (3)(b) for “6(e)” substitute “6(f)”.

Periodic notification of address where there is no sole or main residence

9.  For the purposes of section 85(5)(a) of the 2003 Act, the applicable period means the period of seven days.

Notification to be given by relevant offender residing or staying at a relevant household

10.—(1) The information set out in paragraph (2) is prescribed for the purposes of section 83(5)(h) of the 2003 Act in a case where a relevant offender (R) resides, or stays for a period of at least 12 hours, at a relevant household.

(2) The information which R must notify is—

(a) the date on which R begins to reside or stay at a relevant household;

(b) the address of the relevant household; and

(c) where R holds such information, the period or periods for which R intends to reside or stay at the relevant household.

11.—(1) The changes in circumstances set out in paragraph (2) are prescribed for the purposes of section 84(1)(ca) of the 2003 Act.

(2) The changes of circumstances are where the relevant offender (R)—

(a) resides, or stays for a period of at least 12 hours, at a relevant household in relation to which there has been no notification under section 83(1);

(b) ceases to reside or stay at a relevant household in relation to which there has been a notification under section 83(1).

(3) A notification given under section 84(1) of the 2003 Act must disclose the date from which R resides or stays, or the date on which R ceases to reside or stay, at a relevant household.

Notification of information about bank accounts and credit cards

12.—(1) The information set out in paragraphs (2) to (7) is prescribed for the purposes of section 83(5)(h) of the 2003 Act in a case where a relevant offender (R) holds—

(a) an account with a banking institution in R’s name, or in R’s name and the name of another person, and in relation to each such account, the information specified in paragraph (2);

(b) an account with a banking institution in the name of an unincorporated business which is run by R, or run by R and another person, and in relation to each such account, the information specified in paragraph (3);

(c) a debit card in relation to any account of which notification is given in accordance with sub-paragraph (a) or (b), and in relation to each such debit card, the information specified in paragraph (4);

(d) an account with a credit card provider in R’s name, or in R’s name and the name of another person, and in relation to each such account, the information specified in paragraph (5);

(e) an account with a credit card provider in the name of an unincorporated business which is run by R, or run by R and another person, and in relation to each such account, the information specified in paragraph (6); or

(f) a credit card in relation to any account of which notification is given in accordance with sub-paragraph (d) or (e), and in relation to each such credit card, the information specified in paragraph (7).

(2) The information specified for the purposes of paragraph (1)(a) is—

(a) the name of each banking institution with which R holds an account;

(b) the address of the office at which each account is held and, if that office is outside the United Kingdom, the address of the principal office in the United Kingdom (if any) of the banking institution;

(c) the number of each account; and

(d) the sort code in relation to each account.

(3) The information specified for the purposes of paragraph (1)(b) is—

(a) the information specified in paragraph (2); and

(b) the name of the business in whose name the account is held.

(4) The information specified for the purposes of paragraph (1)(c) is—

(a) the card number in relation to each debit card;

(b) the validation date of each debit card;

(c) the expiry date of each debit card; and

(d) the name of the business (if any) in whose name the card is held.

(5) The information specified for the purposes of paragraph (1)(d) is—

(a) the name of each credit card provider with which R holds an account;

(b) the address of the office at which each account is held and, if that office is outside the United Kingdom, the address of the principal office in the United Kingdom (if any) of the credit card provider; and

(c) the number of each account.

(6) The information specified for the purposes of paragraph (1)(e) is—

(a) the information specified in paragraph (5); and

(b) the name of the business in whose name the card is held.

(7) The information specified for the purposes of paragraph (1)(f) is—

(a) the card number in relation to each credit card;

(b) the validation date of each credit card;

(c) the expiry date of each credit card; and

(d) the name of the business (if any) in whose name the card is held.

13.—(1) The changes in circumstances set out in paragraph (2) are prescribed for the purposes of section 84(1)(ca) of the 2003 Act.

(2) The changes of circumstance are where—

(a) an account which a relevant offender (R) holds with a banking institution, as specified in regulation 12(1)(a) or (b), has been—

(i) opened, or

(ii) closed;

(b) a debit card R holds in relation to any account specified in regulation 12(1)(a) or (b)—

(i) has been obtained by R, or

(ii) is no longer held by R;

(c) an account R holds with a credit card provider, as specified in regulation 12(1)(d) or (e), has been—

(i) opened, or

(ii) closed;

(d) a credit card R holds in relation to any account specified in regulation 12(1)(d) or (e)—

(i) has been obtained by R, or

(ii) is no longer held by R;

(e) any information previously notified by R under regulation 12(1) has—

(i) altered, or

(ii) become inaccurate or incomplete.

(3) A notification given under section 84(1) of the 2003 Act must include the information specified in regulation 12(2) to (7) in relation to that account, or debit or credit card.

Notification of information about passport or other form of identification

14.—(1) The information set out in paragraph (2) is prescribed for the purposes of section 83(5)(h) of the 2003 Act in a case where a relevant offender (R) holds any passport, other identity document or (in a case where R does not hold any passport or other identity document) any other document in which R’s full name appears.

(2) The information which R must notify is—

(a) where R holds any passport, and in relation to each passport R holds—

(i) the passport number, and

(ii) R’s full name as it appears in the passport;

(b) where R does not hold a passport, in relation to any other identity document R holds—

(i) the description of the identity document,

(ii) the issue number (if any) of the identity document, and

(iii) R’s full name as it appears in the identity document;

(c) where R does not hold a passport or other identity document, in relation to another document R holds—

(i) the description of the document (including the name of any issuing authority),

(ii) the issue number (if any) of the document; and

(iii) R’s full name as it appears in the document.

15.—(1) The changes in circumstances set out in paragraph (2) are prescribed for the purposes of section 84(1)(ca) of the 2003 Act.

(2) The changes of circumstance are where the relevant offender—

(a) obtains a passport, other identity document or other document in relation to which there has been no notification under section 83(1); and

(b) ceases to hold a passport, other identity document or other document in relation to which there has been a notification under section 83(1).

Sealed with the Official Seal of the Department of Justice on 23rd June 2014

David Ford

Minister of Justice