PART 9 U.K. Protection from sexual harm and violence

Child sexual exploitation at hotels E+W

116 Information about guests at hotels believed to be used for child sexual exploitation E+W

(1) A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—

(a) child sexual exploitation, or

(b) conduct that is preparatory to, or otherwise connected with, child sexual exploitation.

(2) A notice under this section must be in writing and must—

(a) specify the hotel to which it relates;

(b) specify the date on which it comes into effect and the date on which it expires;

(c) explain the effect of subsections (4) and (5) and sections 117 and 118.

(3) The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.

(4) A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.

(5) The only information that a constable may require under subsection (4) is—

(a) guests' names and addresses;

(b) other information about guests that—

(i) is specified in regulations made by the Secretary of State, and

(ii) can be readily obtained from one or more of the guests themselves.

(6) A requirement under subsection (4)—

(a) must be in writing;

(b) must specify the period to which the requirement relates;

(c) must specify the date or dates on or by which the required information is to be provided.

The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.

(7) In this section—

• “child sexual exploitation” means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) [F1 or (d)] against a person under 18;

• “guest” means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;

• “hotel” includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.

(8) The offences are—

(a) an offence under any of the following sections of the Sexual Offences Act 2003—

• sections 5 to 8 (rape and other offences against children under 13);

• sections 9 to 13 (child sex offences);

• sections 16 to 19 (abuse of position of trust);

• sections 25 and 26 (familial child sex offences);

• sections 47 to 50 (abuse of children through [F2 sexual exploitation]);

(b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(c) an offence under any of the following sections of the Sexual Offences Act 2003—

• sections 1 to 4 (rape, assault and causing sexual activity without consent);

• sections 30 to 41 (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder);

• section 59A (trafficking people for sexual exploitation);

• section 61 (administering a substance with intent);

• sections 66 [F3 , 66A, 66B(2) and (3)] and 67 (exposure [F4 , sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification] and voyeurism).

[F5 (d) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).]

Textual Amendments

F1 Words in s. 116(7) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 22(a)

F2 Words in s. 116(8)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 90; S.I. 2015/820, reg. 2(r)(xviii)

F3 Words in s. 116(8)(c) inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 18(a); S.I. 2024/31, reg. 2

F4 Words in s. 116(8)(c) inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 18(b); S.I. 2024/31, reg. 2

F5 S. 116(8)(d) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 22(b)

Commencement Information

I1 S. 116 in force at 1.9.2014 by S.I. 2014/2125, art. 2(a)