2023 No. 51 (C. 5)
The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 3, Transitional and Saving Provisions) Regulations 2023
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) and (3) of the Abusive Behaviour and Sexual Harm (Scotland) Act 20161 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Commencement No. 3, Transitional and Saving Provisions) Regulations 2023 and come into force on 31 March 2023.
2
In these Regulations—
“foreign travel order” means an order under section 114 of the 2003 Act,
“interim risk of sexual harm order” means an order under section 5 of the 2005 Act,
“risk of sexual harm order” means an order under section 2 of the 2005 Act,
“sexual harm prevention order” means an order under section 11 or 12 of the Act,
“sexual offences prevention order” means an order under section 104 or 105 of the 2003 Act,
“sexual risk order” means an order under section 27 of the Act,
“the 2003 Act” means the Sexual Offences Act 20032,
“the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 20053,
“the Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
Appointed day2
31 March 2023 is the day appointed for the coming into force of all the provisions of the Act, so far as not already in force.
Transitional provisions3
1
Where a court makes a sexual harm prevention order in relation to a person already subject to a sexual offences prevention order or a foreign travel order, the earlier order ceases to have effect.
2
Where a court makes a sexual risk order in relation to a person already subject to a risk of sexual harm order or a foreign travel order, the earlier order ceases to have effect.
Saving provisions4
1
In schedule 2 paragraph 1 of the Act, sub-paragraphs (2)(a) and (3) do not apply in relation to a risk of sexual harm order which continues to have effect under section 40 of the Act.
2
In schedule 2 paragraph 2 of the Act, the repeals made by sub-paragraphs (2)(c) and (3)(c) do not apply in relation to a risk of sexual harm order or interim risk of sexual harm order to the extent that such an order or interim order continues to have effect under section 40 of the Act.
3
The repeals made by schedule 2 paragraph 4 of the Act do not apply in relation to an application for a sexual offences prevention order or interim sexual offences prevention order made before 31 March 2023, or to a sexual offences prevention order or interim sexual offences prevention order which continues to have effect under section 40 of the Act.
4
The repeal made by schedule 2 paragraph 5(a) does not apply in relation to an offence of breaching a risk of sexual harm order or interim risk of sexual harm order where that offence was committed—
a
before 31 March 2023, or
b
in respect of an order or interim order which continues to have effect under section 40 of the Act.
5
The repeals made by schedule 2 paragraph 7 of the Act do not apply in relation to an application for a risk of sexual harm order or interim risk of sexual harm order which is made before 31 March 2023, or to a risk of sexual harm order or interim risk of sexual harm order which continues to have effect under section 40 of the Act.
6
The repeal made by schedule 2 paragraph 8 of the Act does not apply in relation to an application for a risk of sexual harm order which is made before 31 March 2023, or to a risk of sexual harm order which continues to have effect under section 40 of the Act.
7
The repeal made by schedule 2 paragraph 9 of the Act does not apply in relation to a sexual offences prevention order which continues to have effect under section 40 of the Act.
(This note is not part of the Regulations)
(This note is not part of the Regulations)
Provision | Date of commencement | Instrument no. |
---|---|---|
Section 1 | 24 April 2017 | |
Sections 2 to 4 | 3 July 2017 | |
Sections 5 to 9 | 24 April 2017 | |
Section 41 | 24 April 2017 | |
Section 43 for the purpose of commencing paragraph 6 of schedule 2 | 24 April 2017 | |
Schedule 1 | 3 July 2017 | |
Paragraph 6 of schedule 2 | 24 April 2017 |