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The Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007 and shall come into force on 1st April 2007.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

(a)the “2003 Act” means the Sexual Offences Act 2003;

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

(c)“business” includes any trade, profession or vocation;

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

(e)“credit card provider” means a bank, building society or other institution providing credit card services;

(f)“debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s account with a banking institution is debited with the payment;

(g)“operated”, in the context of regulation 3, means operated on a self employed basis; and

(h)“relevant offender” has the same meaning as section 80(2) of the 2003 Act.

Prescribed information to be notified under section 83(5)(i) of the 2003 Act

3.—(1) A relevant offender must notify to the police whether that offender holds–

(a)an account with a banking institution in the name of that offender, or in the names of that offender and another person, and in relation to each such account, the information set out in paragraph (2);

(b)an account with a banking institution which is held in the name of an unincorporated business which is operated by that offender, or in the name of an unincorporated business which is operated by that offender and another person, and in relation to each such account, the information set out in paragraph (3);

(c)a debit card in connection with any account specified in sub-paragraph (a) or (b), and in relation to each debit card, the information set out in paragraph (4);

(d)an account with a credit card provider, in the name of that offender, or in the names of that offender and another person, and in relation to each such account, the information set out in paragraph (5);

(e)an account with a credit card provider which is held in the name of an unincorporated business which is operated by that offender, or in the name of an unincorporated business which is operated by that offender and another person, and in relation to each such account, the information set out in paragraph (6); and

(f)a credit card in connection with any account specified in sub-paragraph (d) or (e), and in relation to each credit card, the information set out in paragraph (7).

(2) The information which must be notified to the police in relation to an account specified in paragraph (1)(a) is–

(a)the name of each banking institution with whom the relevant offender has an account;

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

(c)the number of each account; and

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

(3) The information which must be notified to the police in relation to an account specified in paragraph (1)(b) is–

(a)that set out in paragraph (2); and

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

(4) The information which must be notified to the police in relation to a debit card specified in paragraph (1)(c) is–

(a)the card number stated on the face of each debit card (where this differs from the account number notified under paragraph (2)(c) or (3));

(b)the validation date of each debit card;

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

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

(5) The information which must be notified to the police in relation to an account specified in paragraph (1)(d) is–

(a)the name of each credit card provider with whom the relevant offender holds an account;

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

(c)the number of each account.

(6) The information which must be notified to the police in relation to an account specified in paragraph (1)(e) is–

(a)that set out in paragraph (5); and

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

(7) The information which must be notified to the police in relation to a credit card specified in paragraph (1)(f) is–

(a)the card number stated on the face of each credit card (where this differs from the credit card account number);

(b)the validation date of each credit card;

(c)the expiry date of each credit card.

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

Prescribed events and information to be notified under section 84(1)(g) of the 2003 Act

4.—(1) Where–

(a)an account with a banking institution, as specified in regulation 3(1)(a) or (b) has been opened;

(b)a debit card in connection with any account specified in regulation 3(1)(a) or (b) has been obtained;

(c)an account with a credit card provider, as specified in regulation 3(1)(d) or (e) has been opened; or

(d)a credit card in connection with any account specified in regulation 3(1)(d) or (e) has been obtained,

which has not previously been notified to the police in accordance with regulation 3, a relevant offender must notify to the police that such an account has been opened, or such a debit card or credit card has been obtained, together with the information specified in regulation 3(2) to (7) in relation to that account, debit card or credit card.

(2) Where–

(a)an account with a banking institution, as specified in regulation 3(1)(a) or (b) has been closed;

(b)a debit card in connection with any account specified in regulation 3(1)(a) or (b), is no longer held or that card has expired;

(c)an account with a credit card provider, as specified in regulation 3(1)(d) or (e), has been closed; or

(d)a credit card in connection with any account specified in regulation 3(1)(d) or (e), is no longer held or that card has expired,

which has previously been notified to the police in accordance with regulation 3, or regulation 4(1), a relevant offender must notify to the police that that account has been closed, or that debit card or credit card is no longer held or has expired.

(3) Where a relevant offender has previously notified to the police–

(a)that an account, a debit card or a credit card, as specified in regulation 3(1) is held; and

(b)the information in relation to that account, debit card or credit card as required by regulation 3(2) to (7),

where any of the information which has been notified to the police under regulation 3(2) to (7) in relation to such an account, debit card or credit card, changes, becomes inaccurate or incomplete as a statement of all the information that must be notified under regulation 3(2) to (7), that offender must notify to the police the information specified in paragraph (4).

(4) The information which must be notified under paragraph (3) is–

(a)any change to the information which has previously been notified under regulation 3(2) to (7) in relation to that account, debit card or credit card; and

(b)where information under regulation 3(2) to (7) has been notified in relation to more than one account, debit card or credit card as specified in regulation 3(1), the account, debit card or credit card to which that change relates.

(5) For the purpose of this regulation, a reference to–

(a)opening or closing an account, as specified in paragraph 1(a) or (c) or paragraph 2(a) or (c), shall be construed as the relevant offender, or a person on behalf of that offender, opening or closing such a account.

(b)obtaining a debit card or credit card, as specified in paragraph 1(b) or (d), shall be construed as the relevant offender, or a person on behalf of that offender, obtaining such a debit card or credit card.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

13th March 2007

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