Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—

1. Reduction in age at which certain sexual acts are lawful.

(1)

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

(2)

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

(3)

In section 13 of the ¹Criminal Law (Consolidation) (Scotland) Act 1995 (homosexual offences)—

(a)

in subsections (1) and (5)(c), for the word “eighteen”; and

(b)

in subsection (8), for the word “18”,

there shall be substituted the word “ sixteen ”.

(4)

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

(5)

Section 145 of the ²Criminal Justice and Public Order Act 1994 (which is superseded by this section) is hereby repealed.

2. Defences available to persons who are under age.

(1)

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

(2)

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

(3)

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

(4)

In section 13 of the ³Criminal Law (Consolidation) (Scotland) Act 1995, after subsection (8) there shall be inserted the following subsection—

[Quoted block text — not this Act's own numbered provision] A person under the age of sixteen years does not commit an offence under subsection (5)(a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age.

(5)

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

3. Abuse of position of trust.

(1)

[Subject to subsections (2) and (3) below, it shall be an offence for a person aged 18 or over—]⁴ (repealed for E)

(a)

[to have sexual intercourse (whether vaginal or anal) with a person under that age; or]⁴ (repealed for E)

(b)

[to engage in any other sexual activity with or directed towards such a person,]⁴ (repealed for E)

[if (in either case) he is in a position of trust in relation to that person.]⁴ (repealed for E)

(2)

[

Where a person (“

]⁴ (repealed for E)A[

”) is charged with an offence under this section of having sexual intercourse with, or engaging in any other sexual activity with or directed towards, another person (“

]⁴ (repealed for E)B[

”), it shall be a defence for A to prove that, at the time of the intercourse or activity—

]⁴ (repealed for E)

(a)

[he did not know, and could not reasonably have been expected to know, that B was under 18;]⁴ (repealed for E)

(b)

[he did not know, and could not reasonably have been expected to know, that B was a person in relation to whom he was in a position of trust; or]⁴ (repealed for E)

(c)

[he was lawfully married to]⁴ (repealed for E)[[, or in civil partnership with,]⁵]⁴ (repealed for E)[ B.]⁴ (repealed for E)

(3)

[

It shall not be an offence under this section for a person (“

]⁴ (repealed for E)A[

”) to have sexual intercourse with, or engage in any other sexual activity with or directed towards, another person (“

]⁴ (repealed for E)B[

”) if immediately before the commencement of this Act—

]⁴ (repealed for E)

(a)

[A was in a position of trust in relation to B; and]⁴ (repealed for E)

(b)

[a sexual relationship existed between them.]⁴ (repealed for E)

(4)

[A person guilty of an offence under this section shall be liable—]⁴ (repealed for E)

(a)

[on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;]⁴ (repealed for E)

(b)

[on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.]⁴ (repealed for E)

(5)

[

In this section, “

]⁴ (repealed for E)sexual activity[

”—

]⁴ (repealed for E)

(a)

[does not include any activity which a reasonable person would regard as sexual only with knowledge of the intentions, motives or feelings of the parties; but]⁴ (repealed for E)

(b)

[subject to that, means any activity which such a person would regard as sexual in all the circumstances.]⁴ (repealed for E)

4. Meaning of “position of trust”.

(1)

[

For the purposes of section 3 above, a person aged 18 or over (“

]⁴ (repealed for E)A[

”) is in a position of trust in relation to a person under that age (“

]⁴ (repealed for E)B[

”) if any of the four conditions set out below, or any condition specified in an order made by the Secretary of State by statutory instrument, is fulfilled.

]⁴ (repealed for E)

(2)

[The first condition is that A looks after persons under 18 who are detained in an institution by virtue of an order of a court or under an enactment, and B is so detained in that institution.]⁴ (repealed for E)

(3)

[The second condition is that A looks after persons under 18 who are resident in a home or other place in which—]⁴ (repealed for E)

(a)

[

accommodation and maintenance are provided by an authority under section 23(2) of the

]⁴ (repealed for E)⁶[

Children Act 1989 or Article 27(2) of the

]⁴ (repealed for E)⁷[

Children (Northern Ireland) Order 1995;

]⁴ (repealed for E)

(b)

[accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or]⁴ (repealed for E)

(c)

[

accommodation is provided by an authority under section 26(1) of the

]⁴ (repealed for E)⁸[

Children (Scotland) Act 1995,

]⁴ (repealed for E)

[and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.]⁴ (repealed for E)

(4)

[The third condition is that A looks after persons under 18 who are accommodated and cared for in an institution which is—]⁴ (repealed for E)

(a)

[a hospital;]⁴ (repealed for E)

(b)

[a ]⁴ (repealed for E)[[residential care home, nursing home, mental nursing home or]⁹]⁴ (repealed for E)[ private hospital;]⁴ (repealed for E)

(bb)

[[provided by a care home service;]¹⁰]⁴ (repealed for E)

(c)

[a community home, voluntary home, children’s home or residential establishment; or]⁴ (repealed for E)

(d)

[

a home provided under section 82(5) of the

]⁴ (repealed for E)¹¹[

Children Act 1989,

]⁴ (repealed for E)

[and B is accommodated and cared for in that institution.]⁴ (repealed for E)

(5)

[The fourth condition is that A looks after persons under 18 who are receiving full-time education at an educational institution, and B is receiving such education at that institution.]⁴ (repealed for E)

(6)

[No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.]⁴ (repealed for E)

(7)

[A person looks after persons under 18 for the purposes of this section if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.]⁴ (repealed for E)

(8)

[For the purposes of this section a person receives full-time education at an educational institution if—]⁴ (repealed for E)

(a)

[he is registered or otherwise enrolled as a full-time pupil or student at the institution; or]⁴ (repealed for E)

(b)

[he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.]⁴ (repealed for E)

(9)

[In this section, except where the context otherwise requires—]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)authority[

” means—

]⁴ (repealed for E)

• [in relation to Great Britain, a local authority; and]⁴ (repealed for E)
• [

in relation to Northern Ireland, an authority within the meaning given by Article 2(2) of the

]⁴ (repealed for E)¹²[

Children (Northern Ireland) Order 1995;

]⁴ (repealed for E)

[[ “ ]¹³]⁴ (repealed for E)care home service[[ ” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8); ]¹³]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)children’s home[

” has—

]⁴ (repealed for E)

• [

in relation to England and Wales, the meaning which would be given by subsection (3) of section 63 of the

]⁴ (repealed for E)¹⁴[

Children Act 1989 if the reference in paragraph (a) of that subsection to more than three children were a reference to one or more children; and

]⁴ (repealed for E)

• [

in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the

]⁴ (repealed for E)¹⁵[

Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, paragraphs (f) and (g) and the words after paragraph (h) were omitted;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)community home[

” has the meaning given by section 53(1) of the

]⁴ (repealed for E)¹⁶[

Children Act 1989;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)hospital[

” has—

]⁴ (repealed for E)

• [

in relation to England and Wales, the meaning given by section 128(1) of the

]⁴ (repealed for E)¹⁷[

National Health Service Act 1977;

]⁴ (repealed for E)

• [

in relation to Scotland, the meaning given by section 108(1) of the

]⁴ (repealed for E)¹⁸[

National Health Service (Scotland) Act 1978; and

]⁴ (repealed for E)

• [

in relation to Northern Ireland, the meaning given by Article 2(2) of the

]⁴ (repealed for E)¹⁹[

Health and Personal Social Services (Northern Ireland) Order 1972;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)mental nursing home[

” has, in relation to England and Wales, the meaning given by section 22(1) of the

]⁴ (repealed for E)²⁰[

Registered Homes Act 1984;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)nursing home[

”—

]⁴ (repealed for E)

• [

in relation to England and Wales, has the meaning given by section 21(1) of the

]⁴ (repealed for E)²¹[

Registered Homes Act 1984;

]⁴ (repealed for E)

• [[. . .]²²]⁴ (repealed for E)[ and]⁴ (repealed for E)
• [

in relation to Northern Ireland, has the meaning given by Article 16(1) of the

]⁴ (repealed for E)²³[

Registered Homes (Northern Ireland) Order 1992;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)private hospital[

”

]⁴ (repealed for E)[[

has

]²⁴ (repealed for S)]⁴ (repealed for E)[

—

]⁴ (repealed for E)

• [

in relation to Scotland,

]⁴ (repealed for E)[[

the meaning given by section 12(2) of the

]²⁵ (repealed for S)]⁴ (repealed for E)²⁶[[

Mental Health (Scotland) Act 1984

]²⁵ (repealed for S)]⁴ (repealed for E)[

; and

]⁴ (repealed for E)

• [

in relation to Northern Ireland,

]⁴ (repealed for E)[[

has

]²⁷]⁴ (repealed for E)[ the meaning given by Article 90(2) of the

]⁴ (repealed for E)²⁸[

Mental Health (Northern Ireland) Order 1986;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)residential care home[

”—

]⁴ (repealed for E)

• [

in relation to England and Wales, has the meaning given by section 1(2) of the

]⁴ (repealed for E)²⁹[

Registered Homes Act 1984;

]⁴ (repealed for E)

• [[. . .]³⁰]⁴ (repealed for E)[ and]⁴ (repealed for E)
• [

in relation to Northern Ireland, has the meaning given by Article 3(1) of the

]⁴ (repealed for E)³¹[

Registered Homes (Northern Ireland) Order 1992;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)residential establishment[

” has the meaning given by section 93(1) of the

]⁴ (repealed for E)³²[

Children (Scotland) Act 1995 as the meaning of that expression in relation to a place in Scotland;

]⁴ (repealed for E)

• [

“

]⁴ (repealed for E)voluntary home[

” has—

]⁴ (repealed for E)

• [

in relation to England and Wales, the meaning given by section 60(3) of the

]⁴ (repealed for E)³³[

Children Act 1989; and

]⁴ (repealed for E)

• [ in relation to Northern Ireland, the meaning given by Article 74(1) of the ]⁴ (repealed for E)³⁴[ Children (Northern Ireland) Order 1995. ]⁴ (repealed for E)

5. Notification requirements for offenders under section 3.

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

6. Meaning of “sexual offence” for the purposes of certain enactments.

(1)

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

(2)

In subsection (10) of section 210A of the ³⁵Criminal Procedure (Scotland) Act 1995 (extended sentences for sex and violent offenders), in the definition of “sexual offence” the word “and” immediately before paragraph (xix) shall be omitted and after that paragraph there shall be inserted

[Quoted block text — not this Act's own numbered provision] and

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

7. Short title, construction, commencement and extent.

(1)

This Act may be cited as the Sexual Offences (Amendment) Act 2000.

(2)

For the purposes of the ³⁶Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

(3)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(4)

This Act extends to Northern Ireland.

Defined Terms

• A
• authority
• B
• care home service
• children’s home
• community home
• hospital
• mental nursing home
• nursing home
• private hospital
• residential care home
• residential establishment
• sexual activity
• voluntary home

Editorial Notes

Notes recorded by the source publisher and not tied to a specific inline amendment marker above:

• S. 1 wholly in force; s. 1 not in force at Royal Assent see s. 7(3); s. 1(1)(2)(4)(5) in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 1(3)(5) in force for S. by S.S.I. 2000/452, art. 2(a)
• S. 2 wholly in force; s. 2 not in force at Royal Assent see s. 7(3); s. 2(1)-(3)(5) in force for E.W.N.I. at 8.1.2000 by S.I. 2000/3303, art. 2; s. 2(4) in force for S. at 8.1.2001 by S.S.I. 2000/452, art. 2(b)
• S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 7(3); s. 3 in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 3 in force for S. by S.S.I. 2000/452, art. 2(c)
• S. 4 wholly in force; s. 4 not in force at Royal Assent see s. 7(3); s. 4(1)- (3)(a)(b)(4)(5)-(9) in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 4(1)(2)(3)(c)(4)(a)-(c)(5)-(9) in force for S. by S.S.I. 2000/452, art. 2(d)
• S. 5 wholly in force; s. 5 not in force at Royal Assent see 7(3); s. 5(1)(2)(4) in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 5(1)(3) in force for S. by S.S.I. 2000/452, art. 2(e)
• S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 7(3); s. 6(1) in force for E.W.N.I. at 8.1.2001 by S.I. 2000/3303, art. 2; s. 6(2) in force for S. by S.S.I. 2000/452, art. 2(f)
• S. 7(3) power partly exercised (14.12.2000): 8.1.2001 appointed by S.I. 2000/3303, art. 2 S. 7(3) power partly exercised (21.12.2000): 8.1.2001 appointed by S.S.I. 2000/452, art. 2
• S. 7(2) in force at 1.8.2003 to the extent, if any, that it is not already in force by S.I. 2003/1935, art. 2
• S. 1(1)(2) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(2), Sch. 7; S.I. 2004/874, art. 2
• S. 1(4) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
• S. 2(5) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
• S. 2(1)-(3) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(3), Sch. 7; S.I. 2004/874, art. 2
• S. 5 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(5), Sch. 7; S.I. 2004/874, art. 2
• S. 6(1) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(6), Sch. 7; S.I. 2004/874, art. 2
• Act repealed (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), s. 62(2), sch. 6; S.S.I. 2010/357, art. 2(a)

---

Footnotes

1. section-1-3: 1995 c. 39. ↩

2. section-1-5: 1994 c. 33. ↩

3. section-2-4: 1995 c. 39. ↩

4. section-3-1, section-3-1-a, section-3-1-b, section-3-2, section-3-2-a, section-3-2-b, section-3-2-c, section-3-3, section-3-3-a, section-3-3-b, section-3-4, section-3-4-a, section-3-4-b, section-3-5, section-3-5-a, section-3-5-b, section-4-1, section-4-2, section-4-3, section-4-3-a, section-4-3-b, section-4-3-c, section-4-4, section-4-4-a, section-4-4-b, section-4-4-bb, section-4-4-c, section-4-4-d, section-4-5, section-4-6, section-4-7, section-4-8, section-4-8-a, section-4-8-b, section-4-9: S. 4 repealed (E.W.N.I.) (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 45(4), Sch. 7; S.I. 2004/874, art. 2 ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹ ↩¹² ↩¹³ ↩¹⁴ ↩¹⁵ ↩¹⁶ ↩¹⁷ ↩¹⁸ ↩¹⁹ ↩²⁰ ↩²¹ ↩²² ↩²³ ↩²⁴ ↩²⁵ ↩²⁶ ↩²⁷ ↩²⁸ ↩²⁹ ↩³⁰ ↩³¹ ↩³² ↩³³ ↩³⁴ ↩³⁵ ↩³⁶ ↩³⁷ ↩³⁸ ↩³⁹ ↩⁴⁰ ↩⁴¹ ↩⁴² ↩⁴³ ↩⁴⁴ ↩⁴⁵ ↩⁴⁶ ↩⁴⁷ ↩⁴⁸ ↩⁴⁹ ↩⁵⁰ ↩⁵¹ ↩⁵² ↩⁵³ ↩⁵⁴ ↩⁵⁵ ↩⁵⁶ ↩⁵⁷ ↩⁵⁸ ↩⁵⁹ ↩⁶⁰ ↩⁶¹ ↩⁶² ↩⁶³ ↩⁶⁴ ↩⁶⁵ ↩⁶⁶ ↩⁶⁷ ↩⁶⁸ ↩⁶⁹ ↩⁷⁰ ↩⁷¹ ↩⁷² ↩⁷³ ↩⁷⁴ ↩⁷⁵ ↩⁷⁶ ↩⁷⁷ ↩⁷⁸ ↩⁷⁹ ↩⁸⁰ ↩⁸¹ ↩⁸² ↩⁸³ ↩⁸⁴ ↩⁸⁵ ↩⁸⁶ ↩⁸⁷ ↩⁸⁸ ↩⁸⁹ ↩⁹⁰ ↩⁹¹ ↩⁹² ↩⁹³ ↩⁹⁴ ↩⁹⁵ ↩⁹⁶ ↩⁹⁷ ↩⁹⁸ ↩⁹⁹ ↩¹⁰⁰ ↩¹⁰¹ ↩¹⁰² ↩¹⁰³ ↩¹⁰⁴ ↩¹⁰⁵ ↩¹⁰⁶ ↩¹⁰⁷ ↩¹⁰⁸ ↩¹⁰⁹ ↩¹¹⁰ ↩¹¹¹ ↩¹¹² ↩¹¹³ ↩¹¹⁴ ↩¹¹⁵ ↩¹¹⁶ ↩¹¹⁷

5. section-3-2-c: Words in s. 3(2)(c) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 62; S.S.I. 2005/604, arts. 2(c), 4 ↩

6. section-4-3-a: 1989 c. 41. ↩

7. section-4-3-a: S.I. 1995/755 (N.I. 2). ↩

8. section-4-3-c: 1995 c. 36. ↩

9. section-4-4-b: Words in s. 4(4)(b) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 25(2)(a); S.S.I. 2002/162 art. 2(f)(h) (subject to arts. 3-13) ↩

10. section-4-4-bb: S. 4(4)(bb) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 25(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13) ↩

11. section-4-4-d: 1989 c. 41. ↩

12. section-4-9: S.I. 1995/755 (N.I. 2). ↩

13. section-4-9: S. 4(9): definition of “care home service” inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 25(3)(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13) ↩ ↩²

14. section-4-9: 1989 c. 41. ↩

15. section-4-9: S.I. 1995/755 (N.I. 2). ↩

16. section-4-9: 1989 c. 41. ↩

17. section-4-9: 1977 c. 49. ↩

18. section-4-9: 1978 c. 29. ↩

19. section-4-9: S.I. 1972/1265 (N.I. 14). ↩

20. section-4-9: 1984 c. 23. ↩

21. section-4-9: 1984 c. 23. ↩

22. section-4-9: S. 4(9): para. (b) in the definition of “nursing home”

    repealed (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 25(3)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13) ↩

23. section-4-9: S.I. 1992/3204 (N.I. 20). ↩

24. section-4-9: Word in s. 4(9) omitted (S.) (27.9.2005) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 29(2)(a) ↩

25. section-4-9: Words in s. 4(9) substituted (S.) (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 29(2)(b) ↩ ↩²

26. section-4-9: 1984 c. 36. ↩

27. section-4-9: Word in s. 4(9) inserted (S.) (27.9.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 29(2)(c) ↩

28. section-4-9: S.I 1986/595 (N.I. 4). ↩

29. section-4-9: 1984 c. 23. ↩

30. section-4-9: S. 4(9): para. (b) in the definition of “residential care home”

    repealed (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 25(3)(c); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13) ↩

31. section-4-9: S.I. 1992/3204 (N.I. 20). ↩

32. section-4-9: 1995 c. 36. ↩

33. section-4-9: 1989 c. 41. ↩

34. section-4-9: S.I. 1995/755 (N.I. 2). ↩

35. section-6-2: 1995 c. 46. ↩

36. section-7-2: 1998 c. 46. ↩