Commentary on Sections Part 5 - Criminal Justice Section 102 – Sex offender notification requirements
507.Section 102 amends provisions in Part 2 of the Sexual Offences Act 2003 (“the 2003 Act”) which concern the sex offender notification requirements. Subsection (2) gives the Scottish Ministers the power to bring forward regulations which set out how frequently an offender, who does not have a sole or main residence in the United Kingdom, must verify their details to the police. The Scottish Ministers cannot make regulations which allow this class of sex offenders to verify their information to the police at intervals which are less than once a year. Subsection (6) provides that the powers conferred on the Scottish Ministers to make an order or regulations under sections 83, 84, 85, 86, 87 or 130 of the 2003 Act can make different provision for different purposes and include supplementary, incidental, consequential, transitional, transitory or saving provisions. As a consequence, subsections (3) to (5) repeal sections 86(4), 87(6) and 96(4) of the 2003 Act.