The Adoptions with a Foreign Element (Scotland) Regulations 2009

Offences in Scotland

2.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(1) (offences against children under the age of 17 years to which special provisions apply) except–

(a) an offence under subsection (5) of section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995(2) (homosexual offences) of committing or being party to the commission of, or procuring or attempting to procure the commission of an act of sodomy otherwise than in private;

(b) in a case where the offender–

(i) was under 18 at the time the offence was committed, an offence of assault; or

(ii) was under 20 at the time the offence was committed, the offences mentioned in paragraph 3 below, and

(c) any offence specified in paragraph 2B of that Schedule (certain offences under section 52 or 52A of the Civic Government (Scotland) Act 1982)(3).

(1)

1995 c. 46. Schedule 1 was amended by the Prohibition of Female Mutilation (Scotland) Act 2005 asp 8, section 7 and the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp 9, schedule 1.

(2)

1995 c. 39. Section 13 was amended by the Sexual Offences (Amendment) Act 2000 c. 44, sections 1 and 2 and the Convention Rights (Compliance) (Scotland) Act 2001 asp 7, section 10.

(3)

1982 c. 45. Section 52 was amended by the following enactments: the Criminal Justice and Public Order Act 1994 c. 33, section 84; the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 c. 40, Schedule 4; the Criminal Justice (Scotland) Act 2003 asp 7, section 19, and the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp 9, section 16. Section 52A was inserted by the Criminal Justice Act 1988 c. 33, section 16(1)(2) and was subsequently amended by the Criminal Justice and Public Order Act 1994, section 84 and the Criminal Justice (Scotland) Act 2003, section 19.