Part 3: Final provisions Section 23: Notification requirements: transitional provisions
This section makes transitional provisions in respect of the changes to the notification scheme for terrorist offenders made by sections 12 and 13.
	Subsections (1) and (2) provide that such changes apply to terrorist offenders made subject to the notification requirement before or after the coming into force of sections 12 and 13. For those already subject to the notification requirements on the commencement data, this is subject to the provisions in subsections (3) to (7).
	An offender who is already subject to the notification requirements when the provisions come into force who has a sole or main residence in the United Kingdom must provide the police with all the information required to be notified under section 47 of the 2008 Act (that is, re-notify the existing information required to be notified by that section (see paragraph 84 above) and the additional information required to be notified as a result of the provisions in section 12) (subsections (3) and (4)) within three months from the commencement date. Where the offender who is already subject to the notification requirements does not have a sole or main residence in the United Kingdom and so is required to re-notify weekly, the RTO must do so for the first time within seven days of the provisions coming into force. Failure to apply with these requirements constitutes an offence contrary to section 54(1) of the 2008 Act.
	The (re-)notification of the information required by section 47 of the 2008 Act, as amended by section 12, will re-set the clock in terms of determining when the next annual re-notification is to take place.
	Where an individual has not made his or her initial notification as required by section 47 by the date section 12 comes into force, he or she will be required to notify all the information required to be notified by section 47, as amended by section 12, within three days of the date the notification requirement takes effect (usually the date the individual is released from custody). Failure to comply with the initial notification requirements in section 47 (as augmented by section 12) is an offence contrary to section 54(1) of the 2008 Act.
	An RTO is required to re-notify his or her details to the police on an annual basis (by virtue of section 49 of the 2008 Act). Where this annual re-notification takes place, in the case of an RTO with a sole or main residence in the United Kingdom, within three months of commencement of section 12 or, in the case of a homeless RTO, within one week of commencement of section 12, the RTO will be required to provide the additional information at that point, accordingly the requirement in subsections (3) and (4) will not apply in such a case (subsection (5)). The (re-)notification of the information required by section 47, as amended by section 12, will re-set the clock in terms of determining when the next annual re-notification is to take place.
	Paragraph 51 of Schedule 4 amends regulation 3(1) of the Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulation 2009 (SI 2009/2493) so that an RTO must notify the police of any intended travel outside the United Kingdom rather than, as now, any intended travel outside the United Kingdom for a period of three days or more. Subsection (7) of this section provides that this revised requirement does not apply in a case where the intended date of departure is seven or fewer days after the commencement date.