Legislation – Abusive Behaviour and Sexual Harm (Scotland) Act 2016

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Introduction

PART 1
Abusive behaviour

1 Aggravation of offence where abuse of partner or ex-partner

2 Disclosing, or threatening to disclose, an intimate photograph or film

3 Interpretation of section 2

4 Section 2: special provision in relation to providers of information society services

5 Making of non-harassment orders in criminal cases

PART 2
Sexual harm

CHAPTER 1 Jury directions relating to sexual offences

6 Jury directions relating to sexual offences

CHAPTER 2 Sexual acts outside Scotland

7 Incitement to commit certain sexual acts elsewhere in the United Kingdom

8 Commission of certain sexual offences elsewhere in the United Kingdom

9 Commission of certain sexual offences outside the United Kingdom

CHAPTER 3 Sexual harm prevention orders

Meaning of sexual harm

10 Meaning of sexual harm

Circumstances where sexual harm prevention order may be made

11 Making of order on dealing with person for offence

12 Making of order against qualifying offender on application to sheriff

13 Qualifying offender: conviction in Scotland

14 Qualifying offender: conviction etc. elsewhere in United Kingdom

15 Qualifying offender: conviction etc. outside United Kingdom

What order does

16 Content and duration of order

17 Prohibitions on foreign travel

Interaction with notification requirements

18 Application of notification requirements where order made

19 Cessation of order: relevant sexual offenders

Variation, renewal and discharge

20 Variation, renewal and discharge

Interim orders

21 Interim orders

Appeals

22 Appeals

Requirement to serve order

23 Requirement for clerk of court to serve order

Enforcement

24 Offence of breaching order

Interpretation

25 Interpretation of Chapter

CHAPTER 4 Sexual risk orders

Meaning of harm

26 Meaning of harm

Making of order

27 Making of order

What order does

28 Content and duration of order

29 Prohibitions on foreign travel

Variation, renewal and discharge

30 Variation, renewal and discharge

Interim orders

31 Interim orders

Appeals

32 Appeals

Requirement to serve order

33 Requirement for clerk of court to serve order

Enforcement

34 Offence of breaching order

35 Application of notification requirements on breach of order

Interpretation

36 Interpretation of Chapter

CHAPTER 5 Equivalent orders elsewhere in United Kingdom

37 Breach of orders equivalent to orders in Chapters 3 and 4: offence

38 Breach of certain equivalent orders: application of notification requirements

CHAPTER 6 Previous orders

39 Repeals of provisions as to previous orders

40 Saving and transitional provision

PART 3
General

41 Interpretation

42 Ancillary provision

43 Minor and consequential modifications

44 Crown application

45 Commencement

46 Short title

SCHEDULES

SCHEDULE 1 SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES

SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS

PART 2Sexual harm

CHAPTER 3Sexual harm prevention orders

Requirement to serve order

23Requirement for clerk of court to serve order

(1)

Where a court makes, varies or renews a sexual harm prevention order or an interim sexual harm prevention order, the clerk of the court must serve a copy of the order as made, varied or renewed (as the case may be) on the person against whom the order has effect.

(2)

Where a court discharges a sexual harm prevention order or an interim sexual harm prevention order, the clerk of the court must serve a copy of the order effecting the discharge on the person against whom the order had effect.

(3)

In this section, “court” includes “sheriff”.