- Latest available (Revised)
- Point in Time (13/12/2010)
- Original (As enacted)
Point in time view as at 13/12/2010.
There are currently no known outstanding effects for the Sexual Offences (Scotland) Act 2009, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(introduced by section 39(5)(a))
1SAny of the following offences under this Act—
(a)an offence under Part 1 against a person under the age of 16,
(b)an offence under Part 4 (but not an offence of engaging while an older child in sexual conduct with or towards another older child (section 37(1)) or engaging while an older child in consensual sexual conduct with another older child (section 37(4)),
(c)sexual abuse of trust (section 42) of a person under the age of 16,
(d)sexual abuse of trust of a mentally disordered person (section 46) of a person under the age of 16.
2SAn offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (SI No. 1769 (N.I. 2)) against a person under the age of 16—
(a)article 5 (rape),
(b)article 6 (assault by penetration),
(c)article 7 (sexual assault),
(d)article 8 (causing a person to engage in sexual activity without consent),
(e)article 23 (abuse of position of trust: sexual activity with a child under 18),
(f)article 24 (abuse of position of trust: causing or inciting a child under 18 to engage in sexual activity),
(g)article 25 (abuse of position of trust: sexual activity in the presence of a child under 18),
(h)article 26 (abuse of position of trust: causing a child under 18 to watch a sexual act),
(i)article 32 (sexual activity with an under 18 child family member),
(j)article 33 (inciting an under 18 child family member to engage in sexual activity),
(k)article 37 (paying for sexual services of a child under 18),
(l)article 38 (causing or inciting a child under 18 to become a prostitute or to be involved in pornography),
(m)article 39 (controlling the activities of a child under 18 in relation to prostitution or involvement in pornography),
(n)article 40 (arranging or facilitating the prostitution or involvement in pornography of a child under 18),
(o)article 51 (care workers: sexual activity with a person with a mental disorder),
(p)article 52 (care workers: causing or inciting a person with a mental disorder to engage in sexual activity),
(q)article 53 (care workers: sexual activity in the presence of a person with a mental disorder),
(r)article 54 (care workers: causing a person with a mental disorder to watch a sexual act),
(s)article 65 (administering a substance with intention of stupefying etc. for sexual activity),
(t)article 70 (exposure of genitals),
(u)article 71 (voyeurism).
3SAn offence under any of the following provisions of that order—
(a)article 12 (rape of a child under 13),
(b)article 13 (assault of a child under 13 by penetration),
(c)article 14 (sexual assault of a child under 13),
(d)article 15 (causing or inciting a child under 13 to engage in sexual activity),
(e)article 16 (sexual activity with a child under 16),
(f)article 17 (causing or inciting a child under 16 to engage in sexual activity),
(g)article 18 (engaging in sexual activity in the presence of a child under 16),
(h)article 19 (causing a child under 16 to watch a sexual act),
(i)article 20 (offences under articles 16 to 19 by a person under 18),
(j)article 21 (arranging or facilitating commission of an offence under articles 16 to 20),
(k)article 22 (meeting a child under 16 following sexual grooming etc.).
4SAn offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) against a person under the age of 16—
(a)section 1 (meeting a person following certain preliminary contact with intention of engaging in unlawful sexual activity),
(b)section 9 (paying a person for sexual services),
(c)section 10 (causing or inciting provision by a person of sexual services or pornography),
(d)section 11 (controlling a person providing sexual services or involved in pornography),
(e)section 12 (arranging or facilitating provision by a person of sexual services or pornography).
5SAn offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42) against a person under the age of 16—
(a)section 1 (rape),
(b)section 2 (assault by penetration),
(c)section 3 (sexual assault),
(d)section 4 (causing a person to engage in sexual activity without consent),
(e)section 16 (abuse of position of trust: sexual activity with a child under 18),
(f)section 17 (abuse of position of trust: causing or inciting a child under 18 to engage in sexual activity),
(g)section 18 (abuse of position of trust: sexual activity in the presence of a child under 18),
(h)section 19 (abuse of position of trust: causing a child under 18 to watch a sexual act),
(i)section 25 (sexual activity with a family member under 18),
(j)section 26 (inciting a family member under 18 to engage in sexual activity),
(k)section 38 (care workers: sexual activity with a person with a mental disorder),
(l)section 39 (care workers: causing or inciting a person with a mental disorder to engage in sexual activity),
(m)section 40 (care workers: sexual activity in the presence of a person with a mental disorder),
(n)section 41 (care workers: causing a person with a mental disorder to watch a sexual act),
(o)section 47 (paying for sexual services of a person under 18),
(p)section 48 (causing or inciting a child under 18 to become a prostitute or to be involved in pornography),
(q)section 49 (controlling the activities of a child under 18 in relation to prostitution or involvement in pornography),
(r)section 50 (arranging or facilitating the prostitution or involvement in pornography of a child under 18),
(s)section 61 (administering a substance with intention of stupefying etc. for sexual activity),
(t)section 66 (exposure of genitals),
(u)section 67 (voyeurism).
6SAn offence under any of the following provisions of that Act—
(a)section 5 (rape of a child under 13),
(b)section 6 (assault of a child under 13 by penetration),
(c)section 7 (sexual assault of a child under 13),
(d)section 8 (causing or inciting a child under 13 to engage in sexual activity),
(e)section 9 (sexual activity with a child under 16),
(f)section 10 (causing or inciting a child under 16 to engage in sexual activity),
(g)section 11 (engaging in sexual activity in the presence of a child under 16),
(h)section 12 (causing a child under 16 to watch a sexual act),
(i)section 13 (sex offences against a child under 16 committed by children or young persons),
(j)section 14 (arranging or facilitating commission of a sex offence against a child under 16),
(k)section 15 (meeting a child under 16 following sexual grooming etc.).
7SAny of the following offences under the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—
(a)an offence under section 1 (incest) or 2 (intercourse with a step-child) against a child under the age of 16,
(b)an offence under section 3 (intercourse of person in position of trust with a child under 16),
(c)an offence under section 8 against a girl under the age of 16 (abduction of a woman or girl for purposes of unlawful sexual intercourse),
(d)an offence under section 9 (permitting a girl under 16 to use premises for intercourse),
(e)an offence under section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).
8SAn offence under section 160 of the Criminal Justice Act 1988 (c. 33) against a person under the age of 16 (possession of indecent photographs of a person under 18).
9SAn offence under article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (SI No. 1847 (N.I. 17)) (possession of indecent photographs of a person under 16).
10SAn offence under the following provisions of the Civic Government (Scotland) Act 1982 (c. 45) against a person under the age of 16—
(a)section 52 (taking and distribution of indecent images of a person under 18),
(b)section 52A (possession of indecent images of a person under 18).
11SAn offence under section 1 of the Protection of Children Act 1978 (c. 37) against a person under the age of 16 (taking or distribution of indecent images of a person under 18).
12SAn offence under article 3 of the Protection of Children (Northern Ireland) Order 1978 (SI 1978 No. 1047 (N.I. 17) (taking or distribution of indecent images of a person under 16).
13SAn attempt, conspiracy or incitement to commit an offence in Part 1 of this schedule.
14SAn offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (aiding and abetting etc. the commission of a statutory offence) relating to an offence in paragraphs 1, 4, 7 or 10 of that Part.
15SThe following common law offences against a person under the age of 16 years—
(a)rape,
(b)clandestine injury to women,
(c)sexual assault,
(d)lewd, indecent or libidinous practice or behaviour,
(e)sodomy.
16SRape under the common law of Northern Ireland of a person under the age of 17.
17SAny of the following offences under the Sexual Offences Act 2003, in its application to Northern Ireland—
(a)an offence under section 15,
(b)an offence under section 16, 17, 18, 19, 47, 48, 49, 50, 66 or 67 against a child under the age of 17.
18SAn offence under article 18, 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (SI No. 1247 (N.I. 13)) against a person under the age of 17.
19SAn offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) against a person under the age of 16.
20SAn offence under section 3, 5, 6 or 13(5)(c) of the Criminal Law (Consolidation) (Scotland) Act 1995.
21SAn offence under article 123 of the Mental Health (Northern Ireland) Order 1986 (SI No. 595 (N.I. 4)) against a person under the age of 17.
22SAn offence under article 9 of the Criminal Justice (Northern Ireland) Order 1980 (SI No. 704 (N.I. 6)).
23SAn offence under section 54 of the Criminal Law Act 1977 (c. 45).
24SAny of the following offences under the Sexual Offences (Scotland) Act 1976 (c. 67)—
(a)an offence under section 2A or 2B against a person under the age of 16,
(b)an offence under section 2C, 3, 4, 5 or 10(1).
25SAn offence under section 21 or 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34).
26SAn offence under section 1 of the Indecency with Children Act 1960 (c. 33).
27SAn offence under section 2 of the Attempted Rape, etc., Act 1960 (Northern Ireland) (c.3) against a person under the age of 17.
28SAn offence under section 1, 10, 11, 12, 14, 15 or 16 of the Sexual Offences Act 1956 (c. 69) against a person under the age of 16.
29SAn offence under section 5, 6 or 28 of that Act.
30SAn offence under section 1 of the Punishment of Incest Act 1908 (c. 45)—
(a)in its application to England and Wales, against a girl under the age of 16,
(b)in its application to Northern Ireland, against a girl under the age of 17.
31SAny of the following offences under the Criminal Law Amendment Act 1885 (48 & 49 Vict.) (c.69)—
(a)an offence under section 2, 3, 5, 7 or 8—
(i)in its application to Scotland or England and Wales, against a girl under the age of 16,
(ii)in its application to Northern Ireland, against a girl under the age of 17,
(b)an offence under section 4 or 6.
32SAny of the following offences under the Offences Against the Person Act 1861 (24 & 25 Vict.) (c.100)—
(a)an offence under section 52, 53 or 54—
(i)in its application to England and Wales, against a person under the age of 16,
(ii)in its application to Northern Ireland, against a person under the age of 17,
(b)an offence under section 61 or 62.
33SAn attempt, conspiracy or incitement to commit an offence in Part 2 of this schedule.
34SAn offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (aiding and abetting etc. the commission of a statutory offence) relating to any of the following offences—
(a)an offence against a person under the age of 16 under section 3 of the Sexual Offences (Amendment) Act 2000 in its application to Scotland (see paragraph 19),
(b)an offence in paragraph 20 or 24,
(c)an offence against a girl under the age of 16 under section 2, 3, 5, 7 or 8 of the Criminal Law Amendment Act 1885 in its application to Scotland.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: