Anti-Social Behaviour, Crime and Policing Act 2014 Explanatory Notes

Section 113: Sexual harm protection orders and risk of sexual harm orders, etc

263.Subsection (1) introduces Schedule 5. This makes amendments to Part 2 of the Sexual Offences Act 2003, which provides for the use of civil orders to prevent sexual harm.

264.Subsection (2) amends section 142 of the Sexual Offences Act, which sets out the extent of the provisions of that Act. The effect is that:

  • sexual offences prevention orders and foreign travel orders, which cease to be part of the law of England and Wales, continue to be part of the law of Scotland and Northern Ireland;

  • risk of sexual harm orders, which likewise cease to be part of the law of England and Wales, continue to be part of the law of Northern Ireland (there is corresponding legislation for Scotland in the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005);

  • the new orders are part of the law of England and Wales;

  • the courts in Northern Ireland may vary a sexual harm prevention order or sexual risk order made in England and Wales, where the individual subject to the order now resides in or is intending to come to Northern Ireland (see also paragraph 6 of Schedule 5).

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