Sexual Offences (Amendment) Act 2000

Contents

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 13 of the ^noteCriminal 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(5)Section 145 of the ^noteCriminal Justice and Public Order Act 1994 (which is superseded by this section) is hereby repealed.

2Defences available to persons who are under age.#

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 13 of the ^noteCriminal Law (Consolidation) (Scotland) Act 1995, after subsection (8) there shall be inserted the following subsection—“8A 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Abuse of position of trust.#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

4Meaning of “position of trust”.#

(1)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

(a)

(b)

(bb)the revision or supersession referred to in sub-paragraph (b);

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(a)

(b)

(9)In this section, except where the context otherwise requires—• “ authority ” means— (a) in relation to Great Britain, a local authority; and(b) in relation to Northern Ireland, an authority within the meaning given by Article 2(2) of the ^note Children (Northern Ireland) Order 1995; • “ care home service ” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8); • “ children’s home ” has— (a) in relation to England and Wales, the meaning which would be given by subsection (3) of section 63 of the ^note 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 (b) in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the ^note 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; • “ community home ” has the meaning given by section 53(1) of the ^note Children Act 1989; • “ hospital ” has— (a) in relation to England and Wales, the meaning given by section 128(1) of the ^note National Health Service Act 1977; (b) in relation to Scotland, the meaning given by section 108(1) of the ^note National Health Service (Scotland) Act 1978; and (c) in relation to Northern Ireland, the meaning given by Article 2(2) of the ^note Health and Personal Social Services (Northern Ireland) Order 1972; • “ mental nursing home ” has, in relation to England and Wales, the meaning given by section 22(1) of the ^note Registered Homes Act 1984; • “ nursing home ”— (a) in relation to England and Wales, has the meaning given by section 21(1) of the ^note Registered Homes Act 1984; (b) . . . and(c) in relation to Northern Ireland, has the meaning given by Article 16(1) of the ^note Registered Homes (Northern Ireland) Order 1992; • “ private hospital ” has — (a) in relation to Scotland, the meaning given by section 12(2) of the ^note Mental Health (Scotland) Act 1984 ; and (b) in relation to Northern Ireland, has the meaning given by Article 90(2) of the ^note Mental Health (Northern Ireland) Order 1986; • “ residential care home ”— (a) in relation to England and Wales, has the meaning given by section 1(2) of the ^note Registered Homes Act 1984; (b) . . . and(c) in relation to Northern Ireland, has the meaning given by Article 3(1) of the ^note Registered Homes (Northern Ireland) Order 1992; • “ residential establishment ” has the meaning given by section 93(1) of the ^note Children (Scotland) Act 1995 as the meaning of that expression in relation to a place in Scotland; • “ voluntary home ” has— (a) in relation to England and Wales, the meaning given by section 60(3) of the ^note Children Act 1989; and (b) in relation to Northern Ireland, the meaning given by Article 74(1) of the ^note Children (Northern Ireland) Order 1995.

5Notification requirements for offenders under section 3.#

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

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

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (10) of section 210A of the ^noteCriminal 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“and xx an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).”

7Short title, construction, commencement and extent.#

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

(2)For the purposes of the ^noteScotland 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.

Contains public sector information licensed under the Open Government Licence v3.0.