Scottish Statutory Instruments

2000 No. 452 (C. 18)

CRIMINAL LAW

The Sexual Offences (Amendment) Act 2000 (Commencement No. 2) (Scotland) Order 2000

Made

21st December 2000

The Scottish Ministers, in exercise of the powers conferred by section 7(3) of the Sexual Offences (Amendment) Act 2000(1), hereby make the following Order:

Citation and extent

1.—(1) This Order may be cited as the Sexual Offences (Amendment) Act 2000 (Commencement No. 2) (Scotland) Order 2000.

(2) This Order extends to Scotland only.

Appointed day

2. The following provisions of the Sexual Offences (Amendment) Act 2000 shall come into force on 8th January 2001:–

(a)section 1(3) and (5);

(b)section 2(4);

(c)section 3;

(d)section 4(1), (2), (3) (except paragraphs (a) and (b)), (4) (except paragraph (d)), (5), (6), (7), (8) and (9) (except those provisions in subsection (9) which relate only to England and Wales or Northern Ireland);

(e)section 5(1) and (3); and

(f)section 6(2).

IAN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st December 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 1(3) and (5), 2(4), 3, 4(1), (2), 3 (except paragraphs (a) and (b)), (4) (except paragraph (d)), (5), (6), (7), (8) and (9) (except those provisions in subsection (9) which relate only to England and Wales or Northern Ireland), 5(1) and (3) and 6(2) of the Sexual Offences (Amendment) Act 2000, on 8th January 2001.

This Order extends to Scotland only.

The Sexual Offences (Amendment) Act 2000 reduces the age at which certain sexual acts are lawful and provides certain defences to under age persons. It also creates a new offence of abuse of a position of trust.

The effect of this Order, together with the Order noted below (S.I. 2000/3303) is that all provisions of the Sexual Offences (Amendment) Act 2000 will come into force on 8th January 2001.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Sexual Offences (Amendment) Act 2000 are to be brought into force on 8th January 2001 by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No
Section 1(1), (2), (4) and (5);	8.1.2001	2000/3303
Section 2(1) to (3) and (5);
Section 3;
Section 4(1), (2), (3)(a) and (b) and (4) to (9);
Section 5(1), (2) and (4); and
Section 6(1);
(all the above sections as to England and Wales and Northern Ireland)

(1)

2000 c. 44. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 7(2) of the 2000 Act and section 53 of the Scotland Act 1998 (c. 46).