Commentary on Sections

Part 2: Public Order Etc.

Chapter Three: Other Provisions
Control of Sex Offenders
Section 79 – Information about release: power to require giving of specified information

158.Section 79 amends section 96 of the 2003 Act. The Scottish Ministers may make regulations under section 96 which require any person who is responsible for a relevant sex offender to inform any person who is specified in the regulations of any occasion when that offender is transferred or released from an institution. New subsection (2A) provides that any regulations made by the Scottish Ministers under section 96 may set out what information about a relevant sex offender a responsible person is required to provide to any specified person. The regulations may also set out when a responsible person is required to give to a specified person a photograph of any part of the relevant sex offender (so that, for example, photographs may be taken of distinguishing features such as a tattoo, as well as of an offender’s face).

159.New subsection (2B) provides that the meaning of “photograph” in the section is the same as the meaning in section 88(2) of the 2003 Act.

160.Subsection (3) allows the regulations made under section 96 of the 2003 Act to prescribe different and specific types of information for different purposes.