The Fostering Services (England) Regulations 2011

Regulation 26(7)

PART 2

1.—(1) An offence under any of the following sections of the Sexual Offences Act 1956—

(a) section 1 (rape),

(b) section 5 (intercourse with a girl under 13),

(c) subject to paragraph 4, section 6 (intercourse with a girl under 16),

(d) section 19 or 20 (abduction of girl under 18 or 16),

(e) section 25 or 26 (permitting girl under 13, or between 13 and 16, to use premises for intercourse), and

(f) section 28 (causing or encouraging prostitution of, intercourse with an indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1969 (indecent conduct towards young child).

(3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to incest).

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

2.  A person falls within this paragraph if the person has been convicted of any of the following offences against a child committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence—

(a) an offence under section 2 or 3 of the Sexual Offences Act 1956 (procurement of woman by threats or false pretences),

(b) an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),

(c) an offence under section 14 or 15 of that Act (indecent assault),

(d) an offence under section 16 of that Act (assault with intent to commit buggery),

(e) an offence under section 17 of that Act (abduction of woman by force or for the sake of her property), and

(f) an offence under section 24 of that Act (detention of woman in brothel or other premises).

3.  A person falls within this paragraph if the person has been convicted of any of the following offences committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence—

(a) an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,

(b) an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,

(c) an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,

(d) an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,

(e) subject to paragraph 4, an offence under section 12 of that Act by committing buggery with a child under the age of 16,

(f) subject to paragraph 4, an offence under section 13 of that Act by committing an act of gross indecency with a child,

(g) an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,

(h) an offence under section 22 of that Act (causing prostitution of women) in relation to a child,

(i) an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,

(j) an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,

(k) an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,

(l) an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,

(m) an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,

(n) an offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child,

(o) an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—

(i) procuring a child to commit an act of buggery with any person, or

(ii) procuring any person to commit an act of buggery with a child,

(p) an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child, and

(q) an offence under section 9(1)(a) of the Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child.

4.  Paragraphs 1(c) and 3(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.