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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013

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Scottish Statutory Instruments

2013 No. 214 (C. 15)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013

Made

21st June 2013

Laid before the Scottish Parliament

24th June 2013

Coming into force

8th July 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013 and comes into force on 8th July 2013.

(2) In this Order—

“the 2003 Act” means the Sexual Offences Act 2003(2);

“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

“home address” has the meaning given by section 83(7) of the 2003 Act;

“relevant offender” has the meaning given by section 80(2) of the 2003 Act.

Commencement of section 102(1) and (2) (sex offender notification requirements) of the 2010 Act

2.  Section 102(1) and (2) of the 2010 Act, in so far as not already in force, comes into force on 8th July 2013.

Saving provision

3.—(1) Paragraph (2) applies where—

(a)a relevant offender has notified information to the police under section 83(1), 84(1) or 85(1) of the 2003 Act before 8th July 2013; and

(b)the last home address notified by the relevant offender was the address or location of such a place as is mentioned in section 83(7)(b) of the 2003 Act.

(2) Despite article 2, the amendments made to section 85 (notification requirements: periodic notification) of the 2003 Act by section 102(2) of the 2010 Act are of no effect until the relevant offender first notifies under section 84(1) or 85(1) of the 2003 Act on or after 8th July 2013.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st June 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 102(1) and (2) of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”), in so far as not already in force. It also makes a related saving provision.

Article 2 brings fully into force, on 8th July 2013, section 102(1) and (2) of the 2010 Act. Section 102(1) and (2) of the 2010 Act amends section 85 of the Sexual Offences Act 2003 (“the 2003 Act”), relating to sex offender notification requirements. The amendments make provision in relation to the applicable period within which certain sex offenders (“relevant offenders”) must periodically notify to the police specific personal information. They provide for a different period to be prescribed for relevant offenders who have no sole or main residence in the United Kingdom, as compared with those that do (and for whom the period continues to be one year). Section 102(1) and (2) of the 2010 Act was brought partially into force (for restricted purposes only) on 28th March 2011.

Article 3 makes a saving provision in relation to relevant offenders who, on 8th July 2013, have no sole or main residence in the United Kingdom. It applies where those offenders have notified to the police, before that date, their personal information (including the address or location of a place in the United Kingdom where they can regularly be found) under section 83(1) (initial notification requirement), 84(1) (requirement to notify changes) or 85(1) (periodic notification requirement) of the 2003 Act. The amendments which section 102(2) of the 2010 Act makes to section 85 of the 2003 Act do not apply to those offenders until they first notify under section 84(1) or 85(1) of the 2003 Act on or after 8th July 2013.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2010 Act have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementS.S.I. No.
Section 14(1) (in part)1st February 20112010/413
Section 14(1) (in so far as not already in force)1st April 20112010/413
Section 14(2)1st February 20112010/413
Section 1528th March 20112011/178
Section 1613th December 20102010/413
Section 171st February 20112010/413
Section 1928th March 20112011/178
Sections 20 and 211st February 20112010/413
Section 2228th March 20112011/178
Section 2313th December 20102010/413
Section 2428th March 20112011/178
Sections 25 and 2613th December 20102010/413
Section 2728th March 20112011/178
Sections 28 to 3113th December 20102010/413
Sections 32 and 3328th March 20112011/178
Section 3413th December 20102010/413
Section 3528th March 20112011/178
Section 3628th March 20112011/178
Section 3713th December 20102010/413
Section 386th October 20102010/339
Sections 39 to 4113th December 20102010/413
Section 4228th March 20112011/178
Sections 43 and 441st December 20102010/357
Section 4513th December 20102010/413
Sections 46 to 5328th March 20112011/178
Section 546th June 20112011/178
Section 5528th March 20112011/178
Section 5613th December 20102010/413
Sections 57 and 5828th March 20112011/178
Sections 59 and 6013th December 20102010/413
Sections 61 and 6228th March 20112011/178
Section 631st December 20102010/357
Section 6413th December 20102010/413
Sections 65 to 7028th March 20112011/178
Section 7113th December 20102010/413
Sections 72 to 7628th March 20112011/178
Section 77(1) (in part)28th March 20112011/178
Section 77(1) (in so far as not already in force)1st August 20112011/178
Section 77(2)(a)28th March 20112011/178
Section 77(2)(b) and (c)1st August 20112011/178
Section 77(3)28th March 20112011/178
Sections 78 and 7928th March 20112011/178
Section 80 (in part)13th December 20102010/413
Section 80 (in so far as not already in force)15th April 20112011/178
Section 8128th March 20112011/178
Section 821st August 20112011/178
Section 835th November 20102010/385
Section 8428th March 20112011/178
Section 856th June 20112011/178
Sections 86 to 9128th March 20112011/178
Section 9313th December 20102010/413
Sections 94 to 9610th January 20112010/413
Section 976th October 20102010/339
Section 9913th December 20102010/413
Section 1001st November 20112011/354
Section 10113th December 20102010/413
Section 102(1) (in part), (2) (in part) and (3) to (6)28th March 20112011/178
Section 1031st November 20112011/354
Sections 104 and 10513th December 20102010/413
Sections 106 and 10728th March 20112011/178
Section 108(1) (in part) and (4)12th October 20102010/344
Section 108 (in so far as not already in force)28th February 20112011/157
Section 1091st November 20112011/354
Section 1101st November 20112011/354
Sections 111 to 11413th December 20102010/413
Section 11528th March 20112011/178
Sections 116 to 1676th June 20112011/178
Sections 168 to 17125th June 20122012/160
Section 172(1) to (3), (4)(a), (5) and (6)28th March 20112011/178
Section 17313th December 20102010/413
Section 1741st November 20112011/354
Section 17528th March 20112011/178
Section 1761st April 20122011/178
Section 1771st October 20122011/178
Section 178(3)(e)16th August 20102010/297
Section 178 (in so far as not already in force)28th February 20112010/413
Sections 180 and 18113th December 20102010/413
Section 18228th February 20112010/413
Section 18313th December 20102010/413
Section 184(1), (2) (in part) and (3) (in part)13th December 20102010/413
Section 184 (in so far as not already in force)1st November 20112011/354
Section 18513th December 20102010/413
Section 18628th March 20112011/178
Section 18713th December 20102010/413
Section 188(1)13th December 20102010/413
Section 188(2)28th March 20112011/178
Section 188(3)13th December 20102010/413
Sections 189 and 1901st October 20112011/178
Section 19128th March 20112011/178
Sections 192 to 19413th December 20102010/413
Section 195(1), (2) and (3) (in part)13th December 20102010/413
Section 195 (in so far as not already in force)1st November 20112011/354
Section 19613th December 20102010/413
Sections 198 and 19913th December 20102010/413
Section 20328th March 20112011/178
Schedule 2 (with the exception of paragraph 38)1st February 20112010/413
Schedule 2, paragraph 38The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force2010/413
Schedule 4 (with the exception of paragraph 12)13th December 20102010/413
Schedule 528th March 20112011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)13th December 20102010/413
Schedule 6, paragraphs 2, 9, 10 and 171st November 20112011/354
Schedule 7, paragraphs—
1 to 328th March 20112011/178
4 and 513th December 20102010/413
628th March 20112011/178
71st November 20112011/354
825th June 20122012/160
9 and 101st November 20112011/354
11 and 1228th March 20112011/178
1313th December 20102010/413
14 and 1528th March 20112011/178
1625th June 20122012/160
17 to 2528th March 20112011/178
27 to 3128th March 20112011/178
3225th June 20122012/160
331st August 20112011/178
34 to 3628th March 20112011/178
37 to 4325th June 20122012/160
44 and 4528th March 20112011/178
4625th June 20122012/160
4728th March 20112011/178
4810th January 20112010/413
4913th December 20102010/413
5028th March 20112011/178
5125th June 20122012/160
52 to 5628th March 20112011/178
57 and 5825th June 20122012/160
59 to 6128th March 20112011/178
6225th June 20122012/160
63 to 6528th March 20112011/178
6625th June 20122012/160
67 to 6928th March 20112011/178
7125th June 20122012/160
7228th March 20112011/178
7325th June 20122012/160
7428th March 20112011/178
75 and 7625th June 20122012/160
77 to 8328th March 20112011/178
84 and 8525th June 20122012/160
8613th December 20102010/413
8725th June 20122012/160

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