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The Sex Offenders (Notice Requirements) (Foreign Travel) (Scotland) Regulations 2001

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sex Offenders (Notice Requirements) (Foreign Travel) (Scotland) Regulations 2001 and shall come into force on 1st June 2001.

(2) These Regulations extend to Scotland and, in so far as regulation 9 extends beyond Scotland, it does so only as a matter of Scots law.

Interpretation

2.  In these Regulations, “the Act” means the Sex Offenders Act 1997.

Determination of point of arrival

3.—(1) For the purposes of section 2(6E)(a) of the Act and of these Regulations, a person’s point of arrival in a country is to be determined in accordance with this regulation.

(2) In a case in which a person will arrive in a country by rail, sea or air, the person’s point of arrival is the station, port or airport at which the person will first disembark.

(3) In a case in which a person will arrive in a country by any means other than those mentioned in paragraph (2) above, the person’s point of arrival is the place at which the person will first enter the country.

Notice to be given before leaving the United Kingdom

4.—(1) This regulation applies to persons who–

(a)are subject to the notification requirements of Part I of the Act; and

(b)intend to leave the United Kingdom for a period of eight days or longer.

(2) Every person to whom this regulation applies must give a notice under section 2(6E) of the Act at least 24 hours prior to the person’s intended departure from the United Kingdom.

Additional information to be disclosed in a notice under section 2(6E) of the Act

5.  In addition to the information required to be disclosed under section 2(6E)(a) of the Act, a notice under section 2(6E) must disclose, where a person holds such information at least 48 hours prior to the person’s intended departure from the United Kingdom–

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

(b)the identity of any carrier or carriers the person intends to use for the purposes of the person’s departure from and return to the United Kingdom, and of travelling to any other point of arrival;

(c)details of the person’s accommodation arrangements for the person’s first night outside the United Kingdom;

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

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

Change to information disclosed in a notice under section 2(6E) of the Act

6.—(1) Where–

(a)a person has given a notice under section 2(6E) of the Act; and

(b)at any time earlier than 48 hours prior to the person’s intended departure from the United Kingdom, the information disclosed in that notice becomes inaccurate or incomplete as a statement of all the information mentioned in section 2(6E) of the Act and regulation 5 above which the person currently holds,

the person must give a fresh notice under section 2(6E) of the Act.

(2) A notice under paragraph (1) above must be given at least 24 hours prior to the person’s intended departure from the United Kingdom.

Notice to be given on return to the United Kingdom

7.—(1) This regulation applies to persons who–

(a)were required to give a notice under section 2(6E) of the Act;

(b)have left the United Kingdom accordingly; and

(c)have subsequently returned to the United Kingdom.

(2) Except as provided by paragraph (3) below, every person to whom this regulation applies must give a notice under section 2(6F) of the Act within eight days of the person’s return to the United Kingdom.

(3) A person to whom this regulation applies need not give a notice under section 2(6F) of the Act in any case in which the person gave a relevant notice under section 2(6E) of the Act which–

(a)disclosed a date under the provisions of sub-paragraph (d) of regulation 5 above; and

(b)disclosed a point of arrival under the provisions of sub-paragraph (e) of regulation 5 above,

and in which the person’s return to the United Kingdom was on that date and at that point of arrival.

Information to be disclosed in a notice under section 2(6F) of the Act

8.  A notice under section 2(6F) of the Act must disclose the date of the person’s return to the United Kingdom and the person’s point of arrival in the United Kingdom.

Giving a notice

9.—(1) Subject to paragraph (2) below, for the purpose of giving a notice under section 2(6E) or 2(6F) of the Act, a person must attend at a police station–

(a)which is in the person’s local police area; and

(b)at which, pursuant to the provisions of section 2(5) of the Act, notifications under section 2(1) of the Act may from time to time be made.

(2) For the purpose of giving a fresh notice under section 2(6E) of the Act as required by regulation 6 above, a person must attend at a police station at which, pursuant to the provisions of section 2(5) of the Act, notifications under section 2(1) of the Act may from time to time be made, but that police station need not be in the person’s local police area.

(3) A notice under section 2(6E) or 2(6F) of the Act must be given to a police officer, or to a person authorised by the officer in charge of the station under section 2(5)(b)(1) of the Act for the purpose of receiving a notification under that section.

(4) A person giving a notice under section 2(6E) or 2(6F) of the Act must inform the person to whom he or she gives the notice of–

(a)his or her name; and

(b)his or her home address,

as currently notified under section 2 of the Act.

(5) A person giving a fresh notice under section 2(6E) of the Act as required by regulation 6 above must inform the person to whom he or she gives the notice of the police station at which he or she first gave a relevant notice under section 2(6E).

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th May 2001

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