70Sex offenders: Scotland
(1)The Crime and Disorder Act 1998 shall be amended as follows.
(2)In section 20(1) (application for a sex offender order in Scotland) for “in the area of his police force” there shall be substituted “who he believes is in, or is intending to come to, the area of his police force”.
(3)In section 20(2) (conditions to be fulfilled), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public”.
(4)In section 20(3) (court to which application must be made)—
(a)after “application to” there shall be inserted “—
(a)”;
(b)at the end there shall be inserted “; or
(b)the sheriff whose sheriffdom includes any part of the area of the applicant’s police force.”.
(5)In section 20(5) (prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(6)In section 21(7) (time limit, variation and revocation of order)—
(a)in paragraph (b), after “revoked” there shall be inserted “(in the case of a sex offender order, by the appropriate court for that order)”;
(b)in paragraph (b)(i), after “the order” there shall be inserted “or, in the case of a sex offender order, any other relevant chief constable”.
(7)After that subsection there shall be inserted—
“(7A)In subsection (7) above—
“the appropriate court” means—
(a)the sheriff who made the sex offender order; or
(b)the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;
“relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.”
(8)After subsection (7A) (inserted by subsection (7)) there shall be inserted—
“(7B)Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.”
(9)Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.