Yn ddilys o 01/10/2008
(1)A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.
(2)If a person's act is capable of encouraging or assisting the commission of a number of offences—
(a)section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and
(b)section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.
(3)A person may, in relation to the same act, commit an offence under more than one provision of this Part.
(4)In reckoning whether—
(a)for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or
(b)for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;
offences under this Part and listed offences are to be disregarded.
(5)“Listed offence” means—
(a)in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and
(b)in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.
(6)The Secretary of State may by order amend Schedule 3.
(7)For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.