Commentary on Sections Schedule 6: Amendments to Part 2A of the Sexual Offences Act 2003 Section 116: Information about guests at hotels believed to be used for child sexual exploitation
305.Subsection (1) confers a power on a police officer, of at least the rank of inspector, to serve a notice on the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of child sexual exploitation or conduct preparatory to or connected with it. For the purposes of section 116, “child sexual exploitation” is defined with reference to a range of offences set out in subsection (8), for example, rape, abuse of children through prostitution and pornography and abuse of a position of trust.
306.Subsection (2) specifies the matters which must be contained in the notice. These include an explanation of the information that a constable may require the person issued with a notice to provide, avenues of appeal against a notice, and the consequences of failure to comply. The notice must also specify the period for which it has effect, which, under subsection (3), must be no more than six months.
307.Subsection (4) provides that a constable may require a recipient of the notice to provide the information described in subsection (5). This is restricted to the names and addresses of guests and other prescribed information that can be obtained readily from guests themselves. The other prescribed information may be specified in regulations made by the Secretary of State (subject to the affirmative resolution procedure). Subsection (6) provides that any such requirement must be in writing and specify both the time period to which it relates and when the information is to be provided.