- Latest available (Revised)
- Point in Time (31/03/2023)
- Original (As enacted)
Point in time view as at 31/03/2023.
There are currently no known outstanding effects for the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Section 17.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
(2)A “prohibition on foreign travel” means—
(a)a prohibition on travelling to any country outside the United Kingdom named or described in the order,
(b)a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c)a prohibition on travelling to any country outside the United Kingdom.
(3)Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 20.
(4)A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the person who is subject to the order to surrender all of the person's passports at a police station specified in the order—
(a)on or before the date when the prohibition takes effect, or
(b)within a period specified in the order.
(5)In this section, “passport” means—
(a)a United Kingdom passport within the meaning of the Immigration Act 1971,
(b)a passport issued by or on behalf of the authorities of another country,
(c)a passport issued by or on behalf of an international organisation,
(d)a document that can be used (in some or all circumstances) instead of a passport.
(6)Any passports surrendered in accordance with the requirement must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).
(7)Subsection (6) does not apply in relation to—
(a)a passport issued by or on behalf of the authorities of another country if the passport has been returned to those authorities,
(b)a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
Commencement Information
I1S. 17 in force at 31.3.2023 by S.S.I. 2023/51, reg. 2 (with reg. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: