(This note is not part of the Order)
This Order makes amendments to primary and secondary legislation relating to sexual offences. The amendments are supplemental and consequential to the Sexual Offences (Scotland) Act 2009 (“the 2009 Act”).
The Schedule sets out the amendments to both primary and secondary legislation. Part 1 of the Schedule contains the amendments to primary legislation. These are primarily to update statutory references to the offences of assault and abduction with intent to rape to ensure that references to “rape” include the new statutory offences of rape and rape of a young child. In addition, Part 1 amends the 2009 Act by adding assault and abduction with intent to the lists of alternative verdicts set out in schedule 3 to that Act.
Part 2 of the Schedule makes similar amendments to references in secondary legislation to assault and abduction with intent to rape. That Part also makes further amendments to certain Scottish statutory instruments as a consequence of the creation of new statutory sexual offences.