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Criminal Justice and Immigration Act 2008

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5(1)Section 64 (sex with an adult relative: penetration) is amended as follows.E+W

(2)In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

(3)In subsection (3) after “In subsection (2)—” insert—

(za)parent” includes an adoptive parent;

(zb)child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;.

(4)After that subsection insert—

(3A)Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

(5)After subsection (5) insert—

(6)Nothing in—

(a)section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b)section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

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