Sexual Offences Act 2003

[F1 91A Review of indefinite notification requirements: qualifying relevant offender E+W

(1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).

(2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—

(a) subject to the indefinite notification requirements; and

(b) not subject to [F2 a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F3 , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)].

(3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—

(a) section 80(1);

(b) section 81(1); or

[F4 (c) a notice given under section 96ZA.]

(4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).

(5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).

(6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.

(7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.]

Textual Amendments

F1 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3

F2 Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F3 Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2

F4 S. 91A(3)(c) substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(4), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)