Order made by the Scottish Ministers, laid before the Scottish Parliament under section 14(5)(b) of the Convention Rights (Compliance) (Scotland) Act 2001 for approval by resolution of the Scottish Parliament within 120 days beginning with the 25th October 2010, being the date on which the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 was made, not taking into account periods of dissolution or recess for more than 4 days.
2011 No. 45
The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following remedial Order in exercise of the powers conferred by sections 12(1), (3) and 14(5)(a) of the Convention Rights (Compliance) (Scotland) Act 20011 (“the 2001 Act”) and all other powers enabling them to do so.
The Scottish Ministers consider the provision made by this remedial Order to be necessary or expedient in consequence of Part 2 of the Sexual Offences Act 20032, so far as making a person subject to the notification requirements of that Part for an indefinite period has been declared to be incompatible with a Convention right3.
In accordance with section 12(2) of the 2001 Act they are of the opinion that there are compelling reasons for making a remedial order as distinct from taking any other action.
In accordance with section 14(2)(a) they gave such public notice as they considered appropriate of the contents of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 20104 being the relevant remedial Order made in exercise of the powers conferred by section 12(1) and (3) of the 2001 Act and all other powers enabling them to do so.
In accordance with section 14(4) of the 2001 Act as soon as practicable after the end of the period mentioned in section 14(2)(a) they laid before the Scottish Parliament a statement summarising all the observations to which they have had regard under section 14(3) and specifying the modifications which they consider it appropriate to make to the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010.