- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sexual Offences (Scotland) Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(a)an offence under this Act has been committed by—
(i)a body corporate,
(ii)a Scottish partnership, or
(iii)an unincorporated association other than a Scottish partnership, and
(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i)a relevant individual, or
(ii)an individual purporting to act in the capacity of a relevant individual,
that individual (as well as the body corporate, partnership or, as the case may be, unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.
(2)In subsection (1), “relevant individual” means—
(a)in relation to a body corporate (other than a limited liability partnership)—
(i)a director, manager, secretary or other similar officer of the body,
(ii)where the affairs of the body are managed by its members, a member,
(b)in relation to a limited liability partnership, a member,
(c)in relation to a Scottish partnership, a partner,
(d)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
(1)The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in consequence of, or for giving full effect to, this Act or any provision of it.
(2)An order under this section may modify any enactment, instrument or document.
(1)Any power of the Scottish Ministers to make orders under this Act—
(a)must be exercised by statutory instrument,
(b)may be exercised so as to make different provision for different purposes,
(c)includes power to make incidental, supplemental, consequential, transitional, transitory or saving provision.
(2)A statutory instrument containing an order made under this Act (except an order made under section 62(2)) is, subject to subsection (3), subject to annulment in pursuance of a resolution of the Parliament.
(3)A statutory instrument containing—
(a)an order under section 39(6) or section 43(8), or
(b)an order under section 58 containing incidental, supplemental or consequential provision,
is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(1)In this Act—
“mental disorder” has the meaning given by section 17(3),
“penis” and “vagina” have the meanings given by section 1(4).
(2)For the purposes of this Act—
(a)penetration, touching, or any other activity,
(c)a manner of exposure, or
is sexual if a reasonable person would, in all the circumstances of the case, consider it to be sexual.
(1)Schedule 5 (which contains modifications of enactments) has effect.
(2)The enactments mentioned in the first column of schedule 6 are repealed to the extent specified in the second column of that schedule.
(1)This Act may be cited as the Sexual Offences (Scotland) Act 2009.
(2)This Act (other than sections 1(4), 17(3), 58 to 60 and this section) comes into force in accordance with provision made by the Scottish Ministers by order.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: