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Sex Offenders Act 1997

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2 Effect of notification requirements.E+W+S+N.I.

(1)A person who is subject to the notification requirements of this Part shall, before the end of the period of [F1three days] beginning with the relevant date or, if later, the commencement of this Part, notify to the police the following information, namely—

(a)his name and, where he also uses one or more other names, each of those names; and

(b)his home address.

(2)A person who is subject to those requirements shall also, before the end of the period of 14 days beginning with—

(a)his using a name which has not been notified to the police under this section;

(b)any change of his home address; or

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under this section,

notify that name, the effect of that change or, as the case may be, the address of those premises to the police.

(3)A notification given to the police by any person shall not be regarded as complying with subsection (1) or (2) above unless it also states—

(a)his date of birth;

(b)his name on the relevant date and, where he used one or more other names on that date, each of those names; and

(c)his home address on that date.

(4)For the purpose of determining any period for the purposes of subsection (1) or (2) above, there shall be disregarded any time when the person in question—

(a)is remanded in or committed to custody by an order of a court;

(b)is serving a sentence of imprisonment or a term of service detention;

(c)is detained in a hospital; or

(d)is outside the United Kingdom.

[F2(5)A person may give a notification under this section by—

(a)attending at any police station in his local police area, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station,

and a notification under subsection (2) above may also be given by sending a written notification to any such police station]

(6)Any notification under this section shall be acknowledged; and an acknowledgment under this subsection shall be in writing and in such form as the Secretary of State may direct.

[F3(6A)A person giving a notification under subsection (1) above shall also, if requested to do so by the police officer or other person referred to in subsection (5)(b) above, allow the officer or person to take his fingerprints and his photograph, or either of them.

(6B)The power to take fingerprints in pursuance of subsection (6A) above is exercisable for the purpose of verifying the identity of the person giving the notification by checking the fingerprints against any other fingerprints to which the officer or person has access.

(6C)In relation to persons subject to the notification requirements of this Part, or any description of such persons, the Secretary of State may by regulations provide for subsection (5)(a) above to have effect as if for the reference to any police station in a person’s local police area there were substituted a reference to a police station or police stations prescribed by the regulations.

The power to make regulations under this subsection is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F4(6D)In relation to persons subject to the notification requirements of this Part who leave the United Kingdom, or any description of such persons, the Secretary of State may by regulations make provision for requiring them—

(a)to give in accordance with the regulations, before they leave, a notice under subsection (6E) below, and

(b)if they subsequently return to the United Kingdom, to give in accordance with the regulations a notice under subsection (6F) below.

(6E)A notice under this subsection must disclose—

(a)the date on which he will leave the United Kingdom, the country to which he will travel (or, if there is more than one, the first country) and his point of arrival, determined in accordance with the regulations, in that country,

(b)any other information prescribed by the regulations which the person holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

  • In this subsection, “country” includes territory.

(6F)A notice under this subsection must disclose any information prescribed by the regulations about the person’s return to the United Kingdom.

(6G)The power to make regulations under subsections (6D) to (6F) above is exercisable by statutory instrument, and no such regulations shall be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.]

(7)In this section—

  • home address”, in relation to any person, means the address of his home, that is to say, his sole or main residence in the United Kingdom or, where he has no such residence, premises in the United Kingdom which he regularly visits;

  • local police area”, in relation to any person, means the police area in which his home is situated;

  • qualifying period” means—

    (a)

    a period of 14 days; or

    (b)

    two or more periods, in any period of 12 months, which (taken together) amount to 14 days.

(8)The definition of “local police area” in subsection (7) above shall apply as if Northern Ireland were a police area.

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Amendments (Textual)

F1Words in s. 2(1) substituted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 2(1)(3); S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3

F2S. 2(5) substituted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 2(2)(3); S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3

F3S. 2(6A)-(6C) inserted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 3; S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3

F4S. 2(6D)-(6G) inserted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 4; S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3

Modifications etc. (not altering text)

C1S. 2(5)(a) modified (S.) (1.6.2001) by S.S.I. 2001/190, art. 2

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