Reform history

- (a) the reference to A’s having met or communicated with B is a reference to A’s having met B in any part of the world or having communicated with B by any means from or in any part of the world (and irrespective of where B is in the world); and

- (5) Subsections (6A) and (6B) of section 16B of the Criminal Law (Consolidation) (Scotland) Act [1995 (c. 39)](https://www.legislation.gov.uk/ukpga/1995/39) (which determines the sheriff court district in which proceedings against persons committing certain sexual acts outside the United Kingdom are to be taken) apply in relation to proceedings for an offence under this section as they apply to an offence to which that section applies.

- (b) “child” means a person aged under 16;

- (c) “image” means an image produced by any means and whether of a real or imaginary subject;

- (d) a chief constable who believes that that person is in, or is intending to come to, the area of the chief constable’s police force.

- (6) In this section, “the appropriate sheriff” means a sheriff—

- (1) This section applies where an application for a risk of sexual harm order (“the main application”) has been intimated to the person against whom the application is made but has not been determined.

- (4) In that application, “relevant date” means the date on which this section first applies to the person referred to in it.

- “relevant offender” has the meaning given by section 80(2) of the 2003 Act;

- “relevant order” means— where the conviction or finding referred to in subsection (1)(a), (c) or (d) above is in respect of a breach of a risk of sexual harm order under section 2 above or section 123 of the 2003 Act, that order; where the caution referred to in subsection (1)(b) above is in respect of a breach of a risk of sexual harm order under section 123 of the 2003 Act, that order; where the conviction or finding referred to in subsection (1)(a), (c) or (d) above is in respect of a breach of an interim risk of harm order under section 5 above or section 126 of the 2003 Act— any risk of sexual harm order made upon the application to which the interim risk of sexual harm order relates; or if no such risk of sexual harm order has been made, the interim risk of sexual harm order; where the caution referred to in subsection (1)(b) above is in respect of a breach of an interim risk of sexual harm order under section 126 of the 2003 Act— any risk of sexual harm order under section 123 of that Act made on the hearing of the application to which the interim risk of sexual harm order relates; or if no such risk of sexual harm order has been made, the interim risk of sexual harm order.

- (2) In subsection (1)(b) above, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

and a person’s sexual services are obtained where what is obtained is the performance of such an activity by the person.

- (a) A intentionally controls any of the activities of another person (“B”) relating to B’s provision of sexual services or involvement in pornography in any part of the world; and

- (2) In those sections, “provider of sexual services” means a person (“B”) who, on at least one occasion and whether or not compelled to do so, offers or provides B’s sexual services to another person in return for payment or a promise of payment to B or a third party; and “provision of sexual services” is to be construed accordingly.

- (3) In subsection (2) above, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

and a person’s sexual services are offered or provided to another person where such an activity is offered to be performed or performed with or for the other person.

- (5) A person does not commit an offence under section 10, 11 or 12 above by reason only of doing something within section 52(1) or 52A(1) of the Civic Government (Scotland) Act [1982 (c. 45)](https://www.legislation.gov.uk/ukpga/1982/45).

Subsections (4) and (7) of section 5 of the Criminal Law (Consolidation) (Scotland) Act [1995 (c. 39)](https://www.legislation.gov.uk/ukpga/1995/39) (unlawful intercourse with a girl under 16) are repealed.

- (1) The Civic Government (Scotland) Act [1982 (c. 45)](https://www.legislation.gov.uk/ukpga/1982/45) is amended as follows.

- (2) In section 52 (which makes certain conduct in relation to indecent photographs of persons under 16 an offence), in subsection (2), for “16” in both places where it occurs there is substituted “18”.

> (i) the child consented to the photograph’s being taken or made; or

> (i) the child consented to the photograph’s being in the accused’s possession; or

> (i) the child consented to the photograph’s being in the accused’s possession; or

- (ii) at the beginning of paragraph (b) there is inserted “within whose sheriffdom lies”; and

- (b) in subsection (4), for “(1)(g)” there is substituted “(1)(e)”.

- (ii) after “order” where first occurring there is inserted “on an application under section 104(5) or 105(1)”;

- (iii) after “order” where secondly occurring there is inserted “or refusing, varying, renewing or discharging either such order”;

> (i) in the case of solemn proceedings, as if they were orders of the kind referred to in section 106(1)(d) of the Criminal Procedure (Scotland) Act [1995 (c. 46)](https://www.legislation.gov.uk/ukpga/1995/46) (appeal against probation and community service orders);

- (iii) at the beginning of sub-paragraph (ii) there is inserted “within whose sheriffdom lies”;

- (iv) in that sub-paragraph, for “the person in respect of whom the order is sought or has effect” there is substituted “that person”; and

- (v) for “references to “the court” being” there is substituted “and, in relation to such an order, references to a court or the court shall be”;

- (i) for “either such order” there is substituted “a sexual offences prevention order which was made on an application under section 104(5) or 105(1) or an interim sexual offences prevention order”;

- (iv) for “references to “the court” being” there is substituted “and, in relation to an application made by virtue of this paragraph, references to a court or the court shall be”;

- (6) In section 142(3) of that Act (its Scottish extent) after “93” there is inserted “, 110”.

- “the 2003 Act” means the Sexual Offences Act [2003 (c. 42)](https://www.legislation.gov.uk/ukpga/2003/42);

- “sexual activity” means an activity that a reasonable person would, in all the circumstances, consider to be sexual; and a reference to engaging in sexual activity includes (other than in section 2(5)(b) above)— a reference to an attempt or conspiracy to engage in such activity; and a reference to aiding, abetting, counselling, procuring or inciting another person to engage in such activity.

> (l) an offence under section 9 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act [2005 (asp 9)](https://www.legislation.gov.uk/asp/2005/9) (paying for sexual services of a child);

> (59A) An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act [2005 (asp 9)](https://www.legislation.gov.uk/asp/2005/9) (meeting a child following certain preliminary contact) if—

- (d) in paragraph 60, for “59” there is inserted “59C”.

#### Risk of sexual harm orders: applications, grounds and effect

#### Indecent photographs of 16 and 17 year olds

#### Minor and consequential amendments

##### 14A

- (1) Subsection (2) applies where an offence under sections 10 to 12 committed—

- (a) by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

- (i) is a director, manager, secretary or other similar officer of the body corporate, or

- (ii) purports to act in any such capacity,

- (b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

- (i) is a partner, or

- (ii) purports to act in that capacity,

- (c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

- (i) is concerned in the management or control of the association, or

- (ii) purports to act in the capacity of a person so concerned.

- (2) The individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.

- (3) Where the affairs of a body corporate are managed by its members, this section applies in relation to acts and defaults of a member in connection with the member's function of management as if the member were a director of the body corporate.