Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 172 is up to date with all changes known to be in force on or before 15 October 2024. 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 10Management of offenders
CHAPTER 3Management of sex offenders
Sexual harm prevention orders and sexual risk orders
I1172List of countries
I31
The Secretary of State may—
a
prepare a list of countries and territories outside the United Kingdom in which the Secretary of State considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents, or
b
direct a relevant person to prepare a list of countries and territories outside the United Kingdom in which the relevant person considers children are at a high risk of sexual abuse or sexual exploitation from United Kingdom nationals or United Kingdom residents.
I32
If a list is prepared by the Secretary of State, the Secretary of State must lay the list before Parliament.
I33
If a list is prepared by a relevant person—
a
the relevant person must submit the list to the Secretary of State, and
b
the Secretary of State must lay the list before Parliament.
I34
As soon as reasonably practicable after a list has been laid before Parliament, the person who prepared the list must publish it.
5
A list published under subsection (4) has effect for the purposes of—
I4a
section 346 of the Sentencing Code (exercise of power to make sexual harm prevention order),
I4b
section 350 of the Sentencing Code (sexual harm prevention orders: variations, renewals and discharges),
I4c
section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders: applications and grounds),
I4d
section 103E of that Act (sexual harm prevention orders: variations, renewals and discharges),
I4e
section 103F of that Act (interim sexual harm prevention orders),
I4f
section 122A of that Act (sexual risk orders: applications, grounds and effect),
I4g
section 122D of that Act (sexual risk orders: variations, renewals and discharges),
I4h
section 122E of that Act (interim sexual risk orders),
I5i
section 136ZG of that Act (variation of sexual harm prevention order made in Scotland by court in England and Wales),
I5j
section 136ZH of that Act (variation of sexual offences prevention order or foreign travel order by court in England and Wales), and
I5k
section 136ZI of that Act (variation of sexual risk order made in Scotland by court in England and Wales).
I26
If a list has been published, the person who prepared it must keep it under review and may, from time to time, prepare a revised list (but see subsections (7) and (8)).
I27
If the function under subsection (6) is for the time being exercisable by the Secretary of State, the Secretary of State may direct a relevant person to exercise that function.
I28
If the function under subsection (6) is for the time being exercisable by a relevant person, the Secretary of State may direct that the function is to be exercisable by another relevant person or by the Secretary of State.
I29
A list published under this section may at any time be withdrawn by the Secretary of State.
I210
Subsections (2) to (9) apply to a revised list as they apply to a list prepared under subsection (1).
I311
In this section—
-
“child” means a person under 18;
-
“relevant person” means a person whose statutory functions relate to—
- a
the prevention or detection of crime, or
- b
other law enforcement purposes;
- a
-
“United Kingdom national” means—
- a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
- b
a person who under the British Nationality Act 1981 is a British subject, or
- c
a British protected person within the meaning of that Act;
- a
-
“United Kingdom resident” means an individual who is resident in the United Kingdom.