Sexual Offences (Scotland) Act 1976

13 Proceedings against brothel keeper, etc.

(1) Any person who—

(a) keeps or manages or acts or assists in the management of a brothel, or

(b) being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or

(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,

shall be liable on summary conviction in the sheriff court—

(i) to a fine not exceeding £100 or to imprisonment for a term not exceeding three months, and

(ii) on a second or subsequent conviction, to a fine not exceeding £250 or to imprisonment for a term not exceeding six months,

or to both such fine and imprisonment; and shall be liable on conviction in the district court to a fine not exceeding £100 or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2) In determining whether or not a conviction under subsection (1) above is a second or subsequent conviction for the purposes of head (ii) thereof, there shall be taken into account any conviction under section 13 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (the provision replaced for Scotland by subsection (1) above) or under section 33, 34, 35 or 36 of the [1956 c. 69.] Sexual Offences Act 1956 (the corresponding provisions for England and Wales) as well as any conviction under subsection (1) above.

(3) The provisions in section 403 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892 relating to the voidance or termination of any lease or arrangement to let shall apply upon a conviction under this section in like manner as they apply upon a conviction under that section.