Police, Crime, Sentencing and Courts Act 2022

172 List of countries E+W

(1) The Secretary of State may—

(a) prepare a list of countries and territories outside the United Kingdom in which the Secretary of State considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents, or

(b) direct a relevant person to prepare a list of countries and territories outside the United Kingdom in which the relevant person considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents.

(2) If a list is prepared by the Secretary of State, the Secretary of State must lay the list before Parliament.

(3) If a list is prepared by a relevant person—

(a) the relevant person must submit the list to the Secretary of State, and

(b) the Secretary of State must lay the list before Parliament.

(4) As soon as reasonably practicable after a list has been laid before Parliament, the person who prepared the list must publish it.

(5) A list published under subsection (4) has effect for the purposes of—

(a) section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order),

(b) section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges),

(c) section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders: applications and grounds),

(d) section 103E of that Act (sexual harm prevention orders: variations, renewals and discharges),

(e) section 103F of that Act (interim sexual harm prevention orders),

(f) section 122A of that Act (sexual risk orders: applications, grounds and effect),

(g) section 122D of that Act (sexual risk orders: variations, renewals and discharges),

(h) section 122E of that Act (interim sexual risk orders),

(i) section 136ZG of that Act (variation of sexual harm prevention order made in Scotland by court in England and Wales),

(j) section 136ZH of that Act (variation of sexual offences prevention order or foreign travel order by court in England and Wales), and

(k) section 136ZI of that Act (variation of sexual risk order made in Scotland by court in England and Wales).

(6) If a list has been published, the person who prepared it must keep it under review and may, from time to time, prepare a revised list (but see subsections (7) and (8)).

(7) If the function under subsection (6) is for the time being exercisable by the Secretary of State, the Secretary of State may direct a relevant person to exercise that function.

(8) If the function under subsection (6) is for the time being exercisable by a relevant person, the Secretary of State may direct that the function is to be exercisable by another relevant person or by the Secretary of State.

(9) A list published under this section may at any time be withdrawn by the Secretary of State.

(10) Subsections (2) to (9) apply to a revised list as they apply to a list prepared under subsection (1).

(11) In this section—

• “child” means a person under 18;

• “relevant person” means a person whose statutory functions relate to—

  (a)

  the prevention or detection of crime, or

  (b)

  other law enforcement purposes;

• “United Kingdom national” means—

  (a)

  a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

  (b)

  a person who under the British Nationality Act 1981 is a British subject, or

  (c)

  a British protected person within the meaning of that Act;

• “United Kingdom resident” means an individual who is resident in the United Kingdom.

Commencement Information

I1 S. 172 not in force at Royal Assent, see s. 208(1)

I2 S. 172(1)-(4)(11) in force at 28.6.2022 by S.I. 2022/520, reg. 5(u)

I3 S. 172(5)(a)-(h) in force at 29.11.2022 by S.I. 2022/1227, reg. 3(e)(i)

I4 S. 172(5)(i)-(k) in force at 31.3.2023 by S.I. 2023/387, reg. 3(a)

I5 S. 172(6)-(10) in force at 29.11.2022 by S.I. 2022/1227, reg. 3(e)(ii)