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The Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2013

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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 2013.

(2) These Regulations, except regulation 2, come into force on the day after the day on which they are made.

(3) Regulation 2 comes into force on the day on which section 102(1) and (2) (sex offender notification requirements) of the Criminal Justice and Licensing (Scotland) Act 2010(1) comes fully into force.

(4) These Regulations extend to Scotland only.

Periodic notification requirement for relevant offenders who have no sole or main residence in the United Kingdom

2.  For the purpose of section 85(5)(a) of the Sexual Offences Act 2003, the applicable period is seven days.

Amendment of the Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004

3.—(1) The Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004(2) are amended as follows.

(2) In regulation 5 (notification to be given before leaving the United Kingdom)—

(a)in paragraph (1), omit “for a period of three days or longer”; and

(b)in paragraph (3), for “24” substitute “12”.

(3) In regulation 6 (other information to be disclosed in a notification under section 86(2))—

(a)after paragraph (b), insert—

(ba)the dates on which that offender intends to be in each country to which that offender intends to travel;; and

(b)in paragraph (c), for “for that offender’s first night outside the United Kingdom” substitute “in each country to which that offender intends to travel”.

(4) For paragraph (2) of regulation 7 (change to information disclosed in a notification under section 86(2)), substitute—

(2) A further notification under paragraph (1)—

(a)must be given not less than 12 hours before the relevant offender’s intended departure from the United Kingdom; and

(b)may be given less than 24 hours (but not less than 12 hours) before the relevant offender’s intended departure from the United Kingdom, only if that offender has a reasonable excuse for being unable to give such notification before that time..

Transitional provision: travel notification requirements

4.—(1) Paragraph (2) applies where a relevant offender intends to leave the United Kingdom for a period of less than three days and that offender’s intended date of departure is on or before the eighth day after the day on which regulation 3 comes into force.

(2) Where this paragraph applies, the relevant offender is not required to give notification in accordance with regulation 5(1) of the Sexual Offences Act 2003 (Travel Notification Requirements) (Scotland) Regulations 2004, as amended by these Regulations.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st June 2013

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