OpenLegislation

Section 96ZC Modifications of notification requirementsF1

(1)

The application of this Part to a person (“P”) to whom section 96ZA applies in respect of a conviction, finding or caution is subject to the modifications set out in this section.

(2)

References to the “relevant date”—

(a)

in a case where P is within section 96ZA(6)(a), are to the date of the conviction,

(b)

in a case where P is within section 96ZA(6)(b) or (c), are to the date of the finding, and

(c)

in a case where P is within section 96ZA(6)(d), are to the date of the caution.

(3)

In section 82—

(a)

references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;

(b)

the reference in the Table to section 80(1)(d) is to be read as a reference to section 96ZA(6)(d);

(c)

references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which a notice has been given to P under section 96ZA;

(d)

the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences (see section 96ZA(9)).

(4)

Section 83 has effect as if after subsection (1) there were inserted—

“(1A)

In the case of a relevant offender who is subject to the notification requirements of this Part by virtue of a notice being given to the relevant offender under section 96ZA, the reference in subsection (1) to the period of 3 days beginning with the relevant date (or if later the commencement of this Part) is to be read as a reference to the period of 3 days beginning with the day on which the notice was given to the relevant offender.”

(5)

Section 83(4) has effect as if—

(a)

for the words “Where a notification order is made” there were substituted “Where a relevant offender is subject to the notification requirements of this Part by virtue of a notice given under section 96ZA”, and

(b)

in paragraph (a) for the words “the order was made” there were substituted “the notice was given to the relevant offender”.

Annotations

Textual amendments

F1

Ss. 96ZA-96ZD and cross-heading inserted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(2), 208(1); S.I. 2022/1227, reg. 3(b)

Notes on Part 2

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

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)