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Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Sexual Offences Prevention Orders) 2005

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Scottish Statutory Instruments

2005 No. 472

HIGH COURT OF JUSTICIARY

SHERIFF COURT

Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Sexual Offences Prevention Orders) 2005

Made

27th September 2005

Coming into force

7th October 2005

The Lord Justice General, the Lord Justice Clerk and Lords Commissioners of Justiciary, under and by virtue of the powers conferred on them by section 305 of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf, with the consent of the Scottish Ministers, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Sexual Offences Prevention Orders) 2005 and shall come into force on 7th October 2005.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of the Act of Adjournal (Criminal Procedure Rules) 1996

2.—(1) The Act of Adjournal (Criminal Procedure Rules) 1996(2) shall be amended in accordance with the following sub-paragraphs.

(2) At the end there shall be inserted the following:

CHAPTER 48PROTECTION OF CHILDREN AND PREVENTION OF SEXUAL OFFENCES (SCOTLAND) ACT 2005(3)

Interpretation

48.1.  In this Chapter “sexual offences prevention order” means a sexual offences prevention order made where subsection (2) or (3) of section 104 of the Sexual Offences Act 2003(4) applies.

Sexual offences prevention orders

48.2.  A sexual offences prevention order shall be in Form 48.2.

Variation, renewal or discharge of sexual offences prevention orders

48.3.  An application for the variation, renewal or discharge of a sexual offences prevention order shall be made by petition in Form 48.3..

(3) In the appendix, at the end there shall be inserted the forms set out in the Schedule to this Act of Adjournal.

Cullen of Whitekirk

Lord Justice General I.P.D.

Edinburgh

27th September 2005

Paragraph 2(3)

SCHEDULE

Rule 48.2

Form 48.2Form of sexual offences prevention order

Rule 48.3

Form 48.3Form of petition for variation, renewal or discharge of a sexual offences prevention order

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996 (S.I. 1996/513) to make provision consequential upon the application of provisions of the Sexual Offences Act 2003 (c. 42) to Scotland by the Protection of Children and Prevention of Sexual Offences Act 2005 (asp 9). In particular, new rules are inserted to provide a form of Sexual Offences Prevention Order and a procedure for applying for the variation, renewal or discharge of such an order.

(2)

S.I. 1996/513, last amended by S.S.I 2005/457.

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