Search Legislation

Sexual Offences (Scotland) Act 2009

Status:

This is the original version (as it was originally enacted).

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

This section has no associated Explanatory Notes

1(1)The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

(2)In section 4 (proceedings and penalties for offences under sections 1 to 3), in each of subsections (1) and (5), for the words “, 2 or 3” there is substituted “or 2”.

(3)In the section title of that section, for the words “to 3” there is substituted “and 2”.

(4)In section 9 (permitting girl under 16 years to use premises for intercourse)—

(a)in subsection (2)—

(i)after the word “charge” there is inserted “in proceedings”,

(ii)the words from “, being” to “offence,” are omitted,

(b)after that subsection, there is inserted—

(2A)But the defence under subsection (2) is not available to the person so charged if—

(a)that person has previously been charged by the police with a relevant sexual offence; or

(b)there is in force in respect of that person a risk of sexual harm order.,

(c)in subsection (3), for the words from “(2)” to the end there is substituted

(2A)above—

(a)“a relevant sexual offence” has the same meaning as in section 39(5)(a) of the Sexual Offences (Scotland) Act 2009 (asp 9); and

(b)“a risk of sexual harm order” has the same meaning as in section 39(5)(b) of that Act..

(5)In section 10(3) (application of provisions of section 10 to offence of indecent behaviour towards girl under 16), for “section 6 of this Act” there is substituted “sections 19 to 26 and 29 to 36 of the Sexual Offences (Scotland) Act 2009 (asp 9) (certain sexual offences relating to children)”.

(6)After section 12, there is inserted—

12ASections 11(5) and 12: further provision

(1)Premises shall be treated for the purposes of sections 11(5) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.

(2)For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual..

(7)For the heading above section 13, there is substituted “Living on earnings of another from male prostitution”.

(8)For the section title, there is substituted “Living on earnings of another from male prostitution”.

(9)In section 13 (homosexual offences), in subsection (9), the words from “or who” to “above” are omitted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources