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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Sexual Offences (Northern Ireland) Order 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. 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.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
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1.—(1) This Order may be cited as the Sexual Offences (Northern Ireland) Order 2008.
(2) The following provisions of this Order come into operation one week after the day on which this Order is made—
(3) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Subordinate Legislation Made
2.—(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) The following provisions of this Article apply for the purposes of this Order.
(3) “Statutory provision” must be construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(4) “The 1995 Order” means the Children (Northern Ireland) Order 1995 (NI 2).
(5) Penetration is a continuing act from entry to withdrawal.
(6) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
(7) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
(8) References to an image of a person include references to an image of an imaginary person.
(9) “Mental disorder” has the meaning given by Article 3 of the Mental Health (Northern Ireland) Order 1986 (NI 4).
(10) References to observation (however expressed) are to observation whether direct or by looking at an image.
(11) Touching includes touching—
(a)with any part of the body,
(b)with anything else,
and in particular includes touching amounting to penetration.
(12) “Vagina” includes vulva.
(13) In relation to an animal, references to the vagina or anus include references to any similar part.
3. For the purposes of this Order, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
4. For the purposes of this Order, except Article 75 (sexual activity in a public lavatory), penetration, touching or any other activity is sexual if a reasonable person would consider that—
(a)whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, or
(b)because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both), it is sexual.
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