# Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Sexual Harm Prevention Orders) 2023 S.S.I. 2023/61 · made 1 March 2023 This Act of Adjournal inserts a new Chapter 73 (sexual harm prevention orders) into the Criminal Procedure Rules 1996 to make provision for the making, variation, renewal and discharge of sexual harm prevention orders imposed by the criminal courts under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. Made under: Criminal Procedure (Scotland) Act 1995 (Section 305); Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Section 11, Section 20) PDFs: Printed copy https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996-amendment-sexual-harm-prevention-orders-2023/pdf/ssi_20230061_en.pdf ## Introductory text High Court Of Justiciary Sheriff Appeal Court Sheriff Court Made 1st March 2023 Laid before the Scottish Parliament 2nd March 2023 Coming into force 31st March 2023 The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 1995, sections 11(6) and 20(8) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and all other powers enabling it to do so. ## 1 Citation and commencement, etc. (1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Sexual Harm Prevention Orders) 2023. (2) It comes into force on 31st March 2023. (3) A certified copy is to be inserted in the Books of Adjournal. ## 2 Amendment of the Criminal Procedure Rules 1996 (1) The Criminal Procedure Rules 1996 are amended in accordance with this paragraph. (2) After Chapter 72 (overseas production orders) insert— “CHAPTER 73 SEXUAL HARM PREVENTION ORDERS UNDER THE ABUSIVE BEHAVIOUR AND SEXUAL HARM (SCOTLAND) ACT 2016 Interpretation 73.1. In this Chapter— “the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016; “sexual harm prevention order” means an order under section 11 (making of order on dealing with person for offence) of the 2016 Act. Sexual harm prevention orders 73.2. A sexual harm prevention order is made in Form 73.2. Variation, renewal or discharge of sexual harm prevention orders 73.3. An application for the variation, renewal or discharge of a sexual harm prevention order under section 20 (variation, renewal and discharge) of the 2016 Act is made in Form 73.3. Notice under section 11(6) or section 20(8) of the 2016 Act 73.4. Notice under section 11(6) or section 20(8) (wish for a hearing to be held) of the 2016 Act is to be given to the court not later than seven days after the intention of the court to consider making, or (as the case may be) varying, renewing or discharging, a sexual harm prevention order is intimated to the person against whom the order would be made or its proposed subject.”. (3) In the appendix after Form 72.4 (form of application to vary or revoke an overseas production order) insert Forms 73.2 and 73.3 as set out in the schedule of this Act of Adjournal. ## 3 Revocation and saving (1) Subject to paragraph (2), the following provisions of the Criminal Procedure Rules 1996 are revoked— (a) Chapter 48 (Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; (b) in the appendix, Forms 48.2 and 48.3. (2) Notwithstanding the revocation of the provisions mentioned in paragraph (1), they continue to have effect until the end of the period of 5 years beginning with the date on which section 40 (saving and transitional provision) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 comes into force for the purpose of sexual offences prevention orders under section 104 or 105 of the Sexual Offences Act 2003. ## Signature CJM SUTHERLAND Lord Justice General I.P.D. Edinburgh 1st March 2023 ## ## Explanatory note (This note is not part of the Act of Adjournal) This Act of Adjournal inserts a new Chapter 73 (sexual harm prevention orders) into the Criminal Procedure Rules 1996 to make provision for the making, variation, renewal and discharge of sexual harm prevention orders imposed by the criminal courts under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. --- Source: https://www.legislation.gov.uk/ssi/2023/61 (the official version) Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996-amendment-sexual-harm-prevention-orders-2023 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.