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Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Chapter 6 – Previous orders
Section 39 – Repeals of provisions as to previous orders

170.Subsection (1) repeals various sections of the 2003 Act relating to SOPOs and FTOs.

171.Subsection (2) repeals sections 2 to 8 of the 2005 Act, which made provision for RSHOs.

Section 40 – Saving and transitional provision

172.Section 40 makes provision to facilitate the transition between the existing regime of orders (SOPOs, FTOs and RSHOs) and the new regime (SHPOs, SROs).

173.Subsection (2) provides that the repeals made by section 39 of this Act do not apply to an existing order made or applied for before the commencement of the provisions in this Act, or anything done in connection with such orders or applications.

174.However, subsection (3) prevents any variation of existing SOPOs, FTOs, RSHOs that would extend their duration and provides that five years after the new regime of orders comes into force, the provisions in any SOPO, interim SOPO, FTO, RSHO or interim RSHO which continue to have effect will be treated as if they were provisions in a new corresponding order (as defined in subsection (4)).

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