s 88D Review of indefinite notification requirement: transitional cases
(1) This section applies to a case where— (a) the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and (b) the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4). (2) The conditions referred to in subsection (1)(a) are that the person— (a) was aged under 18 on the relevant date; and (b) after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010. (3) That time is any time during which the relevant sex offender was— (a) remanded in or committed to custody by order of the court; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in hospital; or (d) outside the United Kingdom, before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997. (4) The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to— (a) make a notification continuation order in respect of the relevant sex offender; or (b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date. (5) In this section the “applicable date” is 25th January 2011.