Part 3General

137Service courts

1

In this Act—

a

a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,

b

a reference to an offence includes a reference to an offence triable by a service court,

c

proceedings” includes proceedings before a service court, and

d

a reference to proceedings for an offence under this Act includes a reference to proceedings for the offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53) for which the offence under this Act is the corresponding civil offence.

2

In sections 92 and 104(1), “court” includes a service court.

3

Where the court making a sexual offences prevention order is a service court—

a

sections 104(1)(a) and (4) to (6), 105, 109, 111 and 112 do not apply,

b

in section 108, “the appropriate court” means the Crown Court in England and Wales, and

c

in section 110(3)(a), the references to the Crown Court and Court of Appeal are references to the Crown Court and Court of Appeal in England and Wales.

4

In this section “service court” means a court-martial or Standing Civilian Court.

138Orders and regulations

1

Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.

2

A statutory instrument containing an order or regulations under section 21, 86 or 130 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

3

Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.

139Minor and consequential amendments

Schedule 6 contains minor and consequential amendments.

140Repeals and revocations

The provisions listed in Schedule 7 are repealed or revoked to the extent specified.

P1141Commencement

1

This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order.

2

An order under subsection (1) may—

a

make different provision for different purposes;

b

include supplementary, incidental, saving or transitional provisions.

142Extent, saving etc.

1

Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only.

2

The following provisions also extend to Northern Ireland—

a

sections 15 to 24, 46 to 54, 57 to 60, 66 to 72, 78 and 79,

b

Schedule 2,

c

Part 2, and

d

sections 138, 141, 143 and this section.

3

The following provisions also extend to Scotland—

a

Part 2 except sections 93 F1, 110 and 123 to 129 and Schedule 4, and

b

sections 138, 141, 143 and this section.

4

Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

5

Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51).

6

For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment.

143Short title

This Act may be cited as the Sexual Offences Act 2003.