The Serious Crime Act 2015 (Consequential Amendments) Regulations 2015

Statutory Instruments

2015 No. 800

Criminal Law, England And Wales

The Serious Crime Act 2015 (Consequential Amendments) Regulations 2015

Made

19th March 2015

Laid before Parliament

23rd March 2015

Coming into force

3rd May 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 85(2) and (3)(c) of the Serious Crime Act 2015(1):

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Serious Crime Act 2015 (Consequential Amendments) Regulations 2015.

(2) These Regulations come into force on 3rd May 2015.

(3) In these Regulations “the 2003 Act” means the Sexual Offences Act 2003(2).

Amendment to the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

2.  In paragraph 2 of Schedule 6 to the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004(3)—

(a) in the entry relating to section 48(1) of the 2003 Act, for “to become a prostitute or be involved in pornography” substitute “to be sexually exploited”; and

(b) in the entries relating to sections 49(1) and 50(1) of the 2003 Act, for “prostitution or involvement in pornography” substitute “sexual exploitation”.

Amendment to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

3.  In Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006(4)—

(a) in paragraph 3(m) and (o), for “child prostitution or pornography” substitute “sexual exploitation of a child”; and

(b) in paragraph 3(n), for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”.

Amendment to the Criminal Defence Service (Funding) Order 2007

4.  In the table in Part 6 of Schedule 1 to the Criminal Defence Service (Funding) Order 2007(5)—

(a) in the entry relating to section 48 of the 2003 Act, for “child prostitution or pornography” substitute “sexual exploitation of a child”;

(b) in the entry relating to section 49 of the 2003 Act, for “prostitute” substitute “in relation to sexual exploitation”; and

(c) in the entry relating to section 50 of the 2003 Act, for “Facilitating child prostitution” substitute “Arranging or facilitating sexual exploitation of a child”.

Amendment to the Armed Forces (Review of Court Martial Sentence) Order 2009

5.  In paragraph 1 of the Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009(6)—

(a) in sub-paragraph (f)(xiii) and (xv), for “child prostitution or pornography” substitute “sexual exploitation of a child”; and

(b) in sub-paragraph (f)(xiv), for “prostitute or a child involved in pornography” substitute “in relation to sexual exploitation”.

Amendment to the Criminal Legal Aid (Remuneration) Regulations 2013

6.  In the table in Part 7 of Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013(7)—

(a) in the entry relating to section 48 of the 2003 Act, for “child prostitution or pornography” substitute “sexual exploitation of a child”;

(b) in the entry relating to section 49 of the 2003 Act, for “prostitute” substitute “in relation to sexual exploitation”; and

(c) in the entry relating to section 50 of the 2003 Act, for “Facilitating child prostitution” substitute “Arranging or facilitating sexual exploitation of a child”.

Karen Bradley

Parliamentary Under Secretary of State

Home Office

19th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to references to the offences in sections 48 to 50 of the Sexual Offences Act 2003 (c.42) in secondary legislation consequential on the commencement of section 68 of the Serious Crime Act 2015 (c. 9), which substituted references to child prostitution and pornography in those provisions with the term “child sexual exploitation”.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2015 c. 9.

(2)

2003 c. 42.

(3)

S.I. 2004/1910, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2006/1116, to which there are amendments not relevant to these Regulations.

(5)

S.I. 2007/1174, to which there are amendments not relevant to these Regulations.

(6)

S.I. 2009/1168, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2013/435, to which there are amendments not relevant to these Regulations.