Statutory Instruments of the Scottish Parliament

(a) rule 3.25.2 provides, in relation to notification orders, that such a notice requiring proof that the condition in section 99(1)(b) of the Act is met should be served no later than 3 working days before the date of the hearing of the relevant application;

(b) rule 3.25.3 makes similar provision in relation to sexual offences prevention orders; and

(c) rule 3.25.4 makes similar provision in relation to foreign travel orders.

Sections 108 and 118 of the Act provide for the variation, renewal and discharge of sexual offences prevention orders and foreign travel orders respectively. In both cases, applications for the relevant variation, renewal and discharge may be made either to the sheriff who made the order to which the application relates or, when the application is made by a chief constable, to a sheriff within whose sheriffdom lies any part of the area of the applicant's police force. A section 108 application may also be made to a sheriff within whose sheriffdom the person subject to the order resides.

In the new Part-

(a) rule 3.25.5 provides that where an application for variation, renewal or discharge of a sexual offences prevention order is made to a court other than the court which made the original order, the court which made the original order must remit the original process relating to that order to the other court within 4 days of receiving notification from that other court of the application; and

(b) rule 3.25.6 makes similar provision in relation to applications for the variation, renewal or discharge of foreign travel orders.