Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 182 is up to date with all changes known to be in force on or before 03 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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PART 10Management of offenders
CHAPTER 3Management of sex offenders
Orders made in different parts of the United Kingdom
182Orders superseding, or superseded by, Scottish orders
(1)
In section 349(2) of the Sentencing Code (making of sexual harm prevention order: effect on other orders)—
(a)
omit the “or” at the end of paragraph (a), and
(b)
“, or
(c)
a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22),”.
(2)
Section 136ZB of the Sexual Offences Act 2003 (order ceases to have effect when new order made) is amended as follows.
(3)
In subsection (1), in the table—
(a)
“sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).”, and
(b)
“sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”
(4)
In subsection (2)—
(a)
in the words before the table—
(i)
omit “or Scotland”, and
(ii)
after “England and Wales” insert “or Scotland”
, and
(b)
in the table—
(i)
“sexual 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.”,
(ii)
“prohibition 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.”, and
(iii)
“sexual 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.”
(5)
“(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 order
Earlier 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.”
(6)
In subsection (2A), after “subsection (2)” insert “or subsection (2ZA)”
.
(7)
In subsection (3), omit paragraph (b).