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Sexual Offences (Protected Material) Act 1997
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- 1997 c. 39
- Supplementary
- Section 9
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This version of this provision is prospective.
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Changes and effects yet to be applied to Section 9:
Changes and effects
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- s. 9(1) repealed by 2003 c. 44 Sch. 3 Pt. 2 para. 67 Sch. 37
- s. 9(4) text amended by 2003 c. 44 Sch. 36 Pt. 3 para. 39
Commencement Orders yet to be applied to the Sexual Offences (Protected Material) Act 1997:
Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1817 art. 2 3 commences (2004 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
Prospective
9 Modification and amendment of other enactments.E+W
(1)In sections 5B to 5D of the M1Magistrates’ Courts Act 1980 (which were inserted by the M2Criminal Procedure and Investigations Act 1996 and relate to evidence before examining justices), any reference to a copy of a document (within the meaning of the 1980 Act) being given by or on behalf of the prosecutor to each of the other parties, or any other party, to the proceedings in question shall be construed, in the case of any disclosure in relation to which section 3(1) above applies, as a reference to the document being disclosed under this Act in accordance with section 3(2) or (3) above.
(2)Despite section 20(1) of the Criminal Procedure and Investigations Act 1996 (disclosure provisions of the Act not affected by other statutory duties), section 3(3) to (5) of that Act (manner of disclosure) shall not apply in relation to any disclosure required by section 3, 7 or 9 of that Act if section 3(1) above applies in relation to that disclosure.
(3)Sections 17 and 18 of that Act (confidentiality of disclosed information) shall not apply to any material disclosed under this Act in accordance with section 3(2) or (3) above.
(4)At the end of section 1 of the Criminal Procedure and Investigations Act 1996 (application of Part I of that Act) there shall be added—
“(6)In this Part—
(a)subsections (3) to (5) of section 3 (in their application for the purposes of section 3, 7 or 9), and
(b)sections 17 and 18,
have effect subject to subsections (2) and (3) of section 9 of the Sexual Offences (Protected Material) Act 1997 (by virtue of which those provisions of this Act do not apply in relation to disclosures regulated by that Act).”
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