Criminal Justice and Licensing (Scotland) Act 2010

Risk of sexual harm ordersS

Valid from 01/11/2011

103Risk of sexual harm ordersS

(1)The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) is amended as follows.

(2)In section 2 (risk of sexual harm orders: applications, grounds and effect)—

(a)in subsection (7)(a), after “doing” insert “ , or requires that person to do, ”, and

(b)in subsection (8), after “prohibitions” insert “ or requirements ”.

(3)In section 4 (risk of sexual harm orders: variations, renewals and discharges), in subsection (4), after “prohibitions” in both places where it occurs insert “ or requirements ”.

(4)In section 5 (interim risk of sexual harm orders), in subsection (3), after “doing” insert “ , or requiring that person to do, ”.

(5)In section 7 (offence: breach of risk of sexual harm order or interim risk of sexual harm order), in subsection (1), after “doing” insert “ , or fails to do anything which the person is required to do, ”.

104Risk of sexual harm orders: spent convictionsS

In section 7 of the Rehabilitation of Offenders Act 1974 (c.53) (limitations on rehabilitation under the Act), in subsection (2), after paragraph (bb) insert—

(bc)in any proceedings on an application under section 2, 4 or 5 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) or in any appeal under section 6 of that Act;.

Commencement Information

I1S. 104 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.