Section 103G SHPOs and interim SHPOs: notification requirementsC1F1
Where—
a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
this Part applies to the defendant, subject to the modification set out in subsection (3).
The “relevant date” is the date of service of the order.
Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.
Where—
a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual harm prevention order ceases to have effect.
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Annotations
Textual amendments
- F1
Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
- F2
S. 103G(6) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)
- F3
S. 103G(7) omitted (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)
Modifications
- C1
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
Notes on Part 2
Modifications
- C2
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C3
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C4
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)