xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 2U.K.Notification and orders

Modifications etc. (not altering text)

C1Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

GeneralU.K.

[F1136ZBOrder ceases to have effect when new order madeU.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 orderEarlier order
Sexual harm prevention order

— sexual offences prevention order;

— foreign travel order.

[F2sexual 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.

[F3sexual 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 [F5or Scotland]) unless the court orders otherwise.

New orderEarlier 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.

[F6sexual 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.

[F7prohibition 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.

[F8sexual 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 orderEarlier 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) [F11or 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