- a rape offence
means any of the following— i an offence under section 1 of the Sexual Offences Act 2003 (rape);
- admitted to a hospital
means admitted to a hospital under— (a) section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or 57A(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
- applicable date
has the meaning given by section 88D(5) • “cautioned” means— (a) cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence,...
- applicable period
means—
- appropriate appeal court
has the same meaning as in section 136K;
- appropriate court
means—
- appropriate judicial authority
has the same meaning as in section 136H.
- aunt
means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
- authorised person
has the same meaning as in section 136F;
- body
means a body corporate, a partnership or an unincorporated association other than a partnership;
- breastfeeding
includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.
- care home
means— (a) an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14);
- cautioned
means— (a) cautioned (or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence,...
- central funds
has the same meaning as in enactments providing for the payment of costs.
- child
means a person under 18;
- civilian subject to service discipline
has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
- Closed premises
means premises in respect of which a closure order has effect.
- community home
has the meaning given by section 53 of the Children Act 1989 (c. 41);
- community order
means— (a) a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (as that Act had effect before the passing of the Criminal Justice Act 2003);
- community supervision order
means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;
- corresponding legislation
means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements (as they apply in England and Wales or, as the case may be, Scotland) for an indefinite period to be discharged from those notification requirements.
- country
includes territory;
- court
includes a service court.
- cousin
means the child of an aunt or uncle;
- date of discharge
has the meaning given by section 88B(1) • “detained in a hospital” means detained in a hospital under— (a) Part 3 of the Mental Health Act 1983, section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;
- detained in a hospital
means detained in a hospital under— (a) Part 3 of the Mental Health Act 1983, section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;
- employment
means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;
- Film
means a moving image.
- further date of discharge
has the meaning given by section 88B(3) • “guardianship order” means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
- GCHQ
has the meaning given by section 3 of the Intelligence Services Act 1994.
- generator of purported intimate images
has the same meaning as in section 66I;
- guardianship order
means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
- home address
has the meaning given by section 83(7);
- independent clinic
has the meaning given by section 2 of the Care Standards Act 2000;
- independent medical agency
means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;
- interim notification order
has the meaning given by section 100(2);
- interim risk of sexual harm order
has the meaning given by section 126(2);
- interim sexual harm prevention order
has the meaning given by section 103F(2);
- interim sexual offences prevention order
has the meaning given by section 109(2);
- interim sexual risk order
has the meaning given by section 122E(2);
- internet service provider
means a provider of— (a) a service that is made available by means of the internet, or (b) a service that provides access to the internet;
- kept in service custody
means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).
- local police area
has the meaning given by section 88(3);
- local probation board
has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);
- maximum term for summary offences
means—
- National Health Service body
means— (a) a Local Health Board, (b) a National Health Service trust, (ba) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006, (c)...
- nephew
means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
- Northern Ireland Department
means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;
- notification continuation order
has the meaning given by section 88C(2) • “notification order” has the meaning given by section 97(1);
- notification order
has the meaning given by section 97(1);
- notification period
has the meaning given by section 80(1);
- obscured
means obscured by any means, other than by clothing that a person is wearing, including, in particular, by an object, by part of a person’s body or by digital alteration.
- OFCOM
means the Office of Communications;
- online safety functions
has the meaning given by section 235 of the Online Safety Act 2023.
- order for conditional discharge
means an order under any of the following provisions discharging the offender conditionally— (a) section 80 of the Sentencing Code;
- parent
includes an adoptive parent;
- parental responsibilities
has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);
- parental responsibility
has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);
- passport
means—
- Photograph
includes the negative as well as the positive version.
- Premises
includes—
- prescribed
means prescribed by regulations made by the Secretary of State.
- prescribed change of circumstances
means any change—
- prison
has the same meaning as in the Prison Act 1952), and
- proceedings
includes proceedings before a service court, and
- prohibition on foreign travel
includes a prohibition on foreign travel within the meaning of Chapter 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 29 and 36 of that Act).
- prostitution
has the meaning given by section 51(2) of the Sexual Offences Act 2003.”
- Provost Marshal
means the Provost Marshal of a service police force or the Provost Marshal for serious crime;
- qualifying offender
means a person within subsection (2) or (3) below;
- qualifying period
means—
- relevant chief constable
means the chief constable of the Police Service of Scotland.
- relevant chief officer of police
means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).
- relevant damages
means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.
- relevant date
has the meaning given by section 82(6) (save in the circumstances mentioned in sections 88B,, 96ZC,, 96A(6), 107, 109 and 129);
- relevant function
means— (a) a function relating to social security, child support, employment or training, (aa)................................
- relevant legislation
means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.
- relevant offence
means an act which—
- relevant offender
has the meaning given by section 80(2);
- relevant order
means—
- Relevant physical data
has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.
- relevant police area
has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).
- relevant Scottish order
means—
- relevant sexual offence
means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).
- religion
includes— (a) a religion which involves belief in more than one god, and (b) a religion which does not involve belief in a god.
- responsible authorities
has the meaning given by section 10(7) of the Management of Offenders etc.
- responsible body
means—
- restriction order
includes a reference to the provision as it applies by virtue of—
- risk of sexual harm
means a risk of physical or psychological harm to the public or any particular members of the public caused by an offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
- risk of sexual harm order
has the meaning given by section 123(1);
- secure accommodation service
has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
- senior police officer
means a constable of the Police Service of Scotland of the rank of superintendent or above;
- service detention
has the meaning given by section 374 of the Armed Forces Act 2006;
- sexual activity
means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.
- sexual harm
means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
- sexual harm prevention order
includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
- sexual offence
means— (a) an offence within any of paragraphs 36 to 59C of Schedule 3;
- sexual offences prevention order
has the meaning given by section 106(1);
- sexual risk order
includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
- Specified child sex offence
means an offence listed in section 136A(3A).
- Specified pornography offence
means an offence listed in section 136A(3).
- Specified prostitution offence
means an offence listed in section 136A(2).
- sport
includes— (a) any game in which physical skill is the predominant factor, and (b) any form of physical recreation which is also engaged in for purposes of competition or display;
- step-parent
includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.
- street
has the meaning given by section 1(4) of the Street Offences Act 1959.
- structure
includes a tent, vehicle or vessel or other temporary or movable structure.
- subject to service law
has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
- supervision
means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;
- the applicable period
means—
- the appropriate appeal court
means—
- the appropriate court
means— (a) where the sexual harm prevention order was made— (a) in England and Wales, by the Crown Court, otherwise than on appeal from a magistrates’ court, or by the Court of Appeal, or (b) in Scotland, by the High Court of Justiciary otherwise than on appeal, the Crown Court (in Northern Ireland);
- the appropriate judicial officer
means—
- the appropriate sheriff
means— (a) in any case, a sheriff in whose sheriffdom the defendant resides, or (b) in a case where the application is made by the chief constable— (a) a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or (b) a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
- the Chief Constable
means the Chief Constable of the Police Service of Northern Ireland;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the maximum term for summary offences
means—
- the notification requirements
means the notification requirements of Part 2 of this Act;
- the period of conditional discharge
has the meaning given by each of the following— (a) section 80(1) of the Sentencing Code;
- the public
means the public in the United Kingdom;
- the relevant conviction, finding or caution
means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;
- the relevant court
means— (a) in a case to which subsection (2) applies, the court before which P is charged;
- the relevant force
means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;
- the relevant notification
means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—
- the relevant period
means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.
- thing
includes a program, information in electronic form and a service.
- uncle
means the brother of a person’s parent, and “aunt” has a corresponding meaning;
- undertaking
includes any business or profession and—
- voluntary home
has the meaning given by section 60(3) of the Children Act 1989.
- vulnerable adult
means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.