- Latest available (Revised)
- Point in Time (01/11/2011)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 01/11/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Any of the persons within subsection (2) below may apply to the appropriate sheriff for an order varying, renewing or discharging a risk of sexual harm order.
(2)Those persons are—
(a)the person against whom the order has effect;
(b)the chief constable on whose application the order was made;
(c)the chief constable of the police force in the area of which the person against whom the order has effect resides;
(d)a chief constable who believes that that person is in, or is intending to come to, the area of the chief constable's police force.
(3)Subject to subsection (4) below, the sheriff—
(a)if satisfied, except where the application is made by the chief constable mentioned in subsection (2)(c) above, that the application has been intimated to that chief constable; and
(b)after hearing the person making the application and (if wishing to be heard) any of the other persons mentioned in subsection (2) above,
may make any order varying, renewing or discharging the risk of sexual harm order that the sheriff considers appropriate.
(4)A risk of sexual harm order may be renewed or varied so as to impose additional prohibitions [F1or requirements] only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the person against whom the order has effect (and any renewed or varied order may contain only such prohibitions [F1or requirements] as are necessary for that purpose).
(5)Section 3 above applies for the purposes of this section.
(6)In this section, “the appropriate sheriff” means a sheriff—
(a)for the sheriffdom of the sheriff who made the risk of sexual harm order;
(b)in whose sheriffdom the person against whom the order has effect resides;
(c)in whose sheriffdom that person is believed by the applicant to be; or
(d)to whose sheriffdom that person is believed by the applicant to be intending to come.
Textual Amendments
F1Words in s. 4(4) inserted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 103(3), 206(1); S.S.I. 2011/354, art. 2, Sch.
Commencement Information
I1S. 4 in force at 7.10.2005 by S.S.I. 2005/480, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: