Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Criminal Procedure (Scotland) Act 1995 S

1 (1) The 1995 Act is amended as follows. S

(2) In section 19AA(1)—

(a) in paragraph (b), for “section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (a risk of sexual harm order)” substitute “ section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 ”,

(b) in paragraph (c), for “section 2 of that Act of 2005” substitute “ section 27 of that Act of 2016 ”.

(3) In section 19AB—

(a) in subsection (4), for “risk of sexual harm orders” substitute “ sexual risk orders ”,

(b) in subsection (5)—

(i) for “risk of sexual harm order” substitute “ sexual risk order ”,

(ii) for the words from “under” to the end substitute “ of a court considering an appeal against the making of a sexual risk order suspending the effect of the order pending the determination of the appeal ”,

(c) in subsection (7)—

(i) omit the definitions of “risk of sexual harm order” and “the 2005 Act”,

(ii) insert, immediately before the definition of “ the 2003 Act ”, the following definition—

• ““sexual risk order” means an order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, and also includes an order under section 122A or 123 of the 2003 Act;”,

(d) the title becomes “ Section 19AA: supplementary provision in sexual risk order cases ”.

Commencement Information

I1 Sch. 2 para. 1 in force at 31.3.2023 by S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))