Part 4Closure of premises
Interpretation
40AF1Exploitation offences
1
In this Part, an “exploitation offence” is any of the following offences—
a
so far as concerning travel or identity documentation for enabling the trafficking of people (including passports, visas and work permits)—
i
fraud, or
ii
uttering a forged document,
b
so far as concerning the trafficking of people, an offence under section 26(1)(d) of the Immigration Act 1971 (c.77) (falsification of documentation),
c
an offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (c.45) (possession, taking or distribution of indecent images of children),
d
an offence under sections 7 to 12 or 13(9) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (offences relating to prostitution and brothels),
F2e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
an offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact),
g
an offence under sections 9 to 12 of that Act (offences relating to provision by child of sexual services or child pornography),
F2h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
an offence under Part 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape etc.),
j
an offence under Part 4 of that Act (sexual offences involving children) other than an offence under section 37 (older children engaging in sexual conduct with each other),
k
an offence under section 42 of that Act (sexual abuse of trust),
l
an offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person),
F3m
an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour),
F4n
an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
2
For the purposes of subsection (1)(a) and (b), a reference to trafficking of people is a reference to a person intentionally doing something in respect of at least one other person which involves the commission of an offence mentioned in subsection (1)(e) or (h).
3
For the purposes of subsection (1), a reference to an offence includes a reference to—
a
an attempt to commit an offence,
b
incitement to commit an offence,
c
counselling or procuring the commission of an offence,
d
involvement art and part in an offence, and
e
an offence as modified by section 54 of the Sexual Offences (Scotland) Act 2009 (asp 9) (incitement to commit certain sexual acts outside the United Kingdom).
4
The Scottish Ministers may by order add to or otherwise modify the specification of offences listed in subsection (1).