Search Legislation

Sex Offenders Act 1997

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes over time for: Section 2

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sex Offenders Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.

Commencement Orders yet to be applied to the Sex Offenders Act 1997

 Help about changes and effects
Close

Commencement Orders

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.

Commencement Orders bringing legislation that affects this Act into force:

2(1)This Part of this Act applies to the following sexual offences under the law of Scotland, namely—S

(a)the following offences—

(i)rape;

(ii)clandestine injury to women;

(iii)abduction of a woman or girl with intent to rape;

(iv)assault with intent to rape or ravish;

(v)indecent assault;

(vi)lewd, indecent or libidinous behaviour or practices;

(vii)shameless indecency; and

(viii)sodomy;

(b)an offence under section 170 of the M1Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the M2Customs Consolidation Act 1876 (prohibitions and restrictions);

(c)offences under—

(i)section 52 of the M3Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children); and

(ii)section 52A of that Act (possession of indecent images of children);

(d)offences under the following provisions of the M4Criminal Law (Consolidation) (Scotland) Act 1995—

(i)section 1 (incest);

(ii)section 2 (intercourse with a step-child);

(iii)section 3 (intercourse with child under 16 by person in position of trust);

(iv)section 5 (unlawful intercourse with girl under 16);

(v)section 6 (indecent behaviour towards girl between 12 and 16);

(vi)section 8 (abduction of girl under 18 for purposes of unlawful intercourse);

(vii)section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); and

(viii)subsection (5) of section 13 (homosexual offences).

[F1(e)an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).]

(2)In sub-paragraph (1) above—

(a)subject to sub-paragraph (3) below, paragraphs (a)(iii) to (v) and (vii) and (d)(i) and (ii) do not apply where every person involved in the offence other than the offender was 18 or over;

(b)paragraphs (a)(viii) and (d)(viii) above do not apply where every person involved in the offence, other than the offender, was 18 or over and was a willing participant;

(c)paragraph (b) does not apply where the prohibited goods did not include indecent photographs of persons who were under the age of 16;

(d)paragraph (a)(viii) does not apply where the offender was under 20 and every other person involved in the offence was a willing participant;

(e)paragraph (d)(iv) does not apply in the case of an offence in contravention of subsection (3) of section 5 (unlawful sexual intercourse with a girl over 13 but under 16) where the offender was under 20; F2. . .

(f)paragraph (d)(viii) does not apply where the offender was under 20 and—

(i)where the offence involved an act of sodomy contrary to subsection (5) of section 13, every other person involved in the offence was a willing participant; or

(ii)the offence involved an act of gross indecency or shameless indecency contrary to the said subsection (5).

[F3(g)paragraph (e) does not apply where the offender was under 20.]

(3)Sub-paragraph (2)(a) above does not prevent the application of sub-paragraph (1)(a)(iii) to (v) above in any case where, in respect of the offence or finding, the offender—

(a)is or has been sentenced to imprisonment for a term of 30 months or more; or

(b)is or has been admitted to a hospital subject to a restriction order.

(4)For the purposes of sub-paragraph (2)(c) above—

(a)subsections (2) to (2C) and (8) of section 52 of the M5Civic Government (Scotland) Act 1982 shall apply as they apply for the purposes of that section; and

(b)a person shall be taken to have been under the age of 16 at any time if it appears from the evidence as a whole that he was under that age at that time.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

F2Sch. 1 para. 2: Word immediately before sub-para. (2)(f) omitted (S.) (8.1.2001) by virtue of 2000 c. 44, s. 5(3)(b); S.I. 2000/452, art. 2(e)

Marginal Citations

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

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 enactedversion 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 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