Legislation – Anti-social Behaviour, Crime and Policing Act 2014

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PART 9Protection from sexual harm and violence

Protection from sexual harm

114Saving and transitional provision

(1)

In this section—

“the 2003 Act” means the Sexual Offences Act 2003;

“existing order” means—

(a)

a sexual offences prevention order under section 104 of the 2003 Act;

(b)

a foreign travel order under section 114 of that Act;

(c)

a risk of sexual harm order under section 123 of that Act;

“new order” means—

(a)

a sexual harm prevention order (made under section 103A of the 2003 Act, inserted by Schedule 5);

(b)

a sexual risk order (made under section 122A of that Act, inserted by that Schedule);

“old order” means—

(a)

a restraining order under section 5A of the Sex Offenders Act 1997;

(b)

a sex offender order under section 2 of the Crime and Disorder Act 1998.

(2)

The repeal or amendment by this Act of sections 104 to 122 or sections 123 to 129 of the 2003 Act does not apply in relation to—

(a)

an application made before the commencement day for an existing order;

(b)

an existing order (whether made before or after that day) applied for before that day;

(c)

anything done in connection with such an application or order.

(3)

The following sections of the 2003 Act inserted by Schedule 5 apply (as appropriate) to an old order as they apply to a new order—

(a)

section 103E (variation, renewal and discharge of sexual harm prevention order);

(b)

section 103I (offence of breach of sexual harm prevention order);

(c)

section 122D (variation, renewal and discharge of sexual risk order);

(d)

section 122H (offence of breach of sexual risk order).

(4)

As from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions.

(5)

At the end of the period of 5 years beginning with the commencement day—

(a)

in relation to any existing order or old order that is still in force, sections 103E and 103I of the 2003 Act or sections 122D and 122H of that Act (as appropriate) have effect, with any necessary modifications (and with any modifications specified in an order under section 185(7) of this Act), as if the provisions of the order were provisions of a new order;

(b)

subsections (2) and (3) cease to have effect.

(6)

In this section “commencement day” means the day on which this section comes into force.