Prostitution (Public Places) (Scotland) Act 2007

1Offences relating to prostitutionS

(1)A person (“A”) who, for the purpose of obtaining the services of a person engaged in prostitution, solicits in a relevant place commits an offence.

(2)For the purposes of subsection (1) it is immaterial whether or not—

(a)A is in or on public transport,

(b)A is in a motor vehicle which is not public transport,

(c)a person solicited by A for the purpose mentioned in that subsection is a person engaged in prostitution.

(3)A person (“B”) who loiters in a relevant place so that in all the circumstances it may reasonably be inferred that B was doing so for the purpose of obtaining the services of a person engaged in prostitution commits an offence.

(4)For the purposes of subsection (3) it is immaterial whether or not—

(a)B is in or on public transport,

(b)B is in a motor vehicle which is not public transport.

(5)A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In this section—

  • motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988 (c. 52),

  • public transport” means a vehicle, train, tram, ship, hovercraft, aircraft or other thing designed, adapted or used for the carriage of persons provided in connection with any of those services on which members of the public rely for getting from place to place when not relying on facilities of their own,

  • relevant place” means—

    (a)

    a public place within the meaning of section 133 of the Civic Government (Scotland) Act 1982 (c. 45),

    (b)

    a place to which at the material time the public are permitted to have access (whether on payment or otherwise),

    and in subsection (1) includes a place which is visible from a place mentioned in paragraph (a) or (b).

Commencement Information

I1S. 1 in force at 15.10.2007 by S.S.I. 2007/382, art. 2

F12Arrest for offences under section 1S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Short title and commencementS

(1)This Act may be cited as the Prostitution (Public Places) (Scotland) Act 2007.

(2)The provisions of this Act (except this section) come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

(3)An order under subsection (2) may include such transitional and saving provision as the Scottish Ministers consider necessary or expedient in connection with the coming into force of the provisions brought into force.