The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 11 and Saving Provision) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 102(1) and (2) of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”), in so far as not already in force. It also makes a related saving provision.

Article 2 brings fully into force, on 8th July 2013, section 102(1) and (2) of the 2010 Act. Section 102(1) and (2) of the 2010 Act amends section 85 of the Sexual Offences Act 2003 (“the 2003 Act”), relating to sex offender notification requirements. The amendments make provision in relation to the applicable period within which certain sex offenders (“relevant offenders”) must periodically notify to the police specific personal information. They provide for a different period to be prescribed for relevant offenders who have no sole or main residence in the United Kingdom, as compared with those that do (and for whom the period continues to be one year). Section 102(1) and (2) of the 2010 Act was brought partially into force (for restricted purposes only) on 28th March 2011.

Article 3 makes a saving provision in relation to relevant offenders who, on 8th July 2013, have no sole or main residence in the United Kingdom. It applies where those offenders have notified to the police, before that date, their personal information (including the address or location of a place in the United Kingdom where they can regularly be found) under section 83(1) (initial notification requirement), 84(1) (requirement to notify changes) or 85(1) (periodic notification requirement) of the 2003 Act. The amendments which section 102(2) of the 2010 Act makes to section 85 of the 2003 Act do not apply to those offenders until they first notify under section 84(1) or 85(1) of the 2003 Act on or after 8th July 2013.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force the following day.