2017 No. 183 (C. 15)

Criminal Law

The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 2) Regulations 2017

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 45(2) of the Abusive Behaviour and Sexual Harm (Scotland) Act 20161.

Citation and commencement1

These Regulations may be cited as the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 2) Regulations 2017 and come into force on 3rd July 2017.

Appointed day2

3rd July 2017 is the day appointed for the coming into force of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

a

section 2 (intimate images offence);

b

section 3 (interpretation of section 2); and

c

section 4 and schedule 1 (how section 2 applies to providers of information society services).

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations brings into force the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 on 3rd July 2017:

  • Section 2 which makes it an offence to disclose to others, or threaten to disclose to others, an intimate photograph or film of a person with the intention of causing that person fear, alarm or distress, or being reckless as to the fear, alarm or distress that may be caused.

  • Sections 3 and 4 and schedule 1 which make provision connected with section 2.

The Act received Royal Assent on 28th April 2016 and sections 42, 44, 45 and 46 of the Act came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

Provision of the Act

Date of Commencement

Instrument number

Section 1

24th April 2017

S.S.I. 2017/93

Section 5

24th April 2017

S.S.I. 2017/93

Section 6

24th April 2017

S.S.I. 2017/93

Section 7

24th April 2017

S.S.I. 2017/93

Section 8

24th April 2017

S.S.I. 2017/93

Section 9

24th April 2017

S.S.I. 2017/93

Section 41

24th April 2017

S.S.I. 2017/93

Section 43 for the purpose of commencing paragraph 6 of schedule 2

24th April 2017

S.S.I. 2017/93

paragraph 6 of schedule 2

24th April 2017

S.S.I. 2017/93