(1)A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—
(a)he was convicted of an offence listed in Schedule 3;
(b)he was found not guilty of such an offence by reason of insanity;
(c)he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d)in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.
(2)Subsection (1) does not apply if the notification period ended before the commencement of this Part.
(3)Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—
(a)had not been dealt with in respect of the offence;
(b)F177was serving a sentence of imprisonment . . . , or was subject to a community order, in respect of the offence;
(c)was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or
(d)was detained in a hospital or was subject to a guardianship order, following the conviction.
(4)Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—
(a)had not been dealt with in respect of the finding; or
(b)was detained in a hospital, following the finding.
(5)Subsection (1)(d) does not apply to a caution given before 1st September 1997.
(6)A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.
(7)Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.
(8)The provisions are—
(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
(b)section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);
(c)section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);
(d)section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);
(e)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);
(f)Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).
153.Section 81 provides that, on commencement of this Part of the Act, offenders previously subject to the notification requirements of the 1997 Act by virtue of a conviction, relevant finding or caution for an offence listed in Schedule 3 of this Act, will be subject to the notification requirements of this Part unless their period of notification ended before commencement. Subsections (3) to (6) replicate the partially retrospective provisions of the 1997 Act, so that, save in specified circumstances, convictions, findings and cautions that pre-date 1 September 1997 (the date of commencement of the 1997 Act) will not trigger the notification requirements. Subsections (7) and (8) relate to persons who immediately before commencement of this Part were subject to a sex offender order or an interim sex offender order in England, Wales, Northern Ireland or Scotland, or a restraining order in England and Wales. These orders all impose the notification requirements under the 1997 Act. Such persons will, from commencement, become subject to the notification requirements of this Part of this Act until the order ceases to have effect.