Sexual Offences Act 2003

[F1 136ZB Order ceases to have effect when new order made U.K.

(1) Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

New order	Earlier order
Sexual harm prevention order	— sexual offences prevention order; — foreign travel order. [F2 sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).]
Sexual risk order	— risk of sexual harm order; — foreign travel order. [F3 sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]

(2) Where a court in Northern Ireland F4 ... makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales [F5 or Scotland]) unless the court orders otherwise.

New order	Earlier order or prohibition
Sexual offences prevention order	— sexual harm prevention order not containing a prohibition on foreign travel; — in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions. [F6 sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual harm prevention order made under section 11 or 12 of that Act containing a prohibition on foreign travel, each of its other prohibitions.]
Foreign travel order	— prohibition on foreign travel contained in a sexual harm prevention order. [F7 prohibition on foreign travel contained in a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]
Risk of sexual harm order	— sexual risk order not containing a prohibition on foreign travel; — in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions. [F8 sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 not containing a prohibition on foreign travel; in the case of a sexual risk order made under section 27 of that Act containing a prohibition on foreign travel, each of its other prohibitions.]

[F9 (2ZA) Where a court in Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales or Northern Ireland) unless the court orders otherwise.

New order	Earlier order or prohibition
Sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016	sexual harm prevention order; sexual offences prevention order; foreign travel order.
Sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016	sexual risk order; risk of sexual harm order; foreign travel order.]

[F10 (2A) References in subsection (2) [F11 or subsection (2ZA)] to a sexual harm prevention order include references to an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).]

(3) In this section—

(a) “court”, in Scotland, includes sheriff;

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 136ZA-136ZD inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 6 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)

F2 Words in s. 136ZB(1) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(3)(a), 208(1); S.I. 2023/387, reg. 3(e)

F3 Words in s. 136ZB(1) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(3)(b), 208(1); S.I. 2023/387, reg. 3(e)

F4 Words in s. 136ZB(2) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(a)(i), 208(1); S.I. 2023/387, reg. 3(e) (with reg. 4(2))

F5 Words in s. 136ZB(2) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(a)(ii), 208(1); S.I. 2023/387, reg. 3(e)

F6 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(i), 208(1); S.I. 2023/387, reg. 3(e)

F7 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(ii), 208(1); S.I. 2023/387, reg. 3(e)

F8 Words in s. 136ZB(2) Table inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(4)(b)(iii), 208(1); S.I. 2023/387, reg. 3(e)

F9 S. 136ZB(2ZA) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(5), 208(1); S.I. 2023/387, reg. 3(e)

F10 S. 136ZB(2A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 214 (with Sch. 27); S.I. 2020/1236, reg. 2

F11 Words in s. 136ZB(2A) inserted (31.3.2023) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(6), 208(1); S.I. 2023/387, reg. 3(e)

F12 S. 136ZB(3)(b) omitted (31.3.2023) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 182(7), 208(1); S.I. 2023/387, reg. 3(e) (with reg. 4(1))