(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;
[F1(aa)the chief constable of the Police Service of Scotland.]
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsection (4) below, the sheriff—
(a)if satisfiedF5...that the application has been intimated to [F6the] chief constable; and
(b)after hearing the person making the application and (if wishing to be heard) [F7the other person] 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 [F8or 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 [F8or 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
F1S. 4(2)(aa) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 26(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F2S. 4(2)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F3S. 4(2)(c) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F4S. 4(2)(d) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F5Words in s. 4(3)(a) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 26(3)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F6Word in s. 4(3)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 26(3)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F7Words in s. 4(3)(b) substituted (1.4.2013) by virtue of Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 26(3)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F8Words 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