Search Legislation

The Sexual Offences (Northern Ireland) Order 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 1

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Sexual Offences (Northern Ireland) Order 2008, PART 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1 N.I.INTRODUCTORY

Title and commencementN.I.

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—

(a)this Part;

(b)Article 80;

(c)Article 82.

(3) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.

Subordinate Legislation Made

P1Art. 1(3) power fully exercised: 2.2.2009 appointed by S.R. 2008/510, art. 2

InterpretationN.I.

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).

[F1(4A) The Department” means the Department of Justice.]

(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,

(c)through anything,

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.

“Consent”N.I.

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.

“Sexual”N.I.

4.  For the purposes of this Order, except [F2Article 22A (sexual communication with a child) or] 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.

Textual Amendments

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

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.

Close

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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 made 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