Sexual Offences Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Sexual Offences Bill [HL]

Sexual Offences Bill [HL]
Schedule 5 — Minor and consequential amendments
    93

Schedule 5
Section 136

Minor and consequential amendments
Vagrancy Act 1824 (c. 83)
  1        In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far
as extending to Northern Ireland, omit the words from “every person
5
wilfully” to “female”.
  2                 In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit
the words from “wilfully, openly, lewdly” to “any female; or”.
Town Police Clauses Act 1847 (c. 89)
  3        In section 28 of the Town Police Clauses Act 1847 (penalty for committing
10
certain acts), omit “Every person who wilfully and indecently exposes his
person:”.
Offences against the Persons Act 1861 (c. 100)
  4                          In the Offences against the Person Act 1861, omit sections 61 and 62.
Criminal Law Amendment Act 1885 (c. 69)
15
  5                          In the Criminal Law Amendment Act 1885, omit—
              (a)             in section 2, subsections (2) to (4), and
              (b)             section 11.
Vagrancy Act 1898 (c. 39)
  6                 The Vagrancy Act 1898 ceases to have effect.
20
Sexual Offences Act 1956 (c. 37)
  7        In the Sexual Offences Act 1956, omit—
              (a)             sections 1 to 7, 9 to 17, 19 to 32, 41 to 43, 45, 46A and 47 (offences), and
              (b)             in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.
Mental Health Act 1959 (c. 72)
25
  8        In the Mental Health Act 1959, omit sections 127 (amendment of Sexual
Offences Act 1956) and 128 (sexual intercourse with patients).
Indecency with Children Act 1960 (c. 33)
  9        The Indecency with Children Act 1960 ceases to have effect.
Sexual Offences Act 1967 (c. 60)
30
  10       In the Sexual Offences Act 1967, omit the following—
              (a)             section 1 (amendment of law relating to homosexual acts in private),
              (b)             section 4 (procuring others to commit homosexual acts),

Sexual Offences Bill [HL]
Schedule 5 — Minor and consequential amendments
    94

              (c)             section 5 (living on earnings of male prostitution),
              (d)             section 7 (time limit on prosecutions),
              (e)             section 8 (restriction on prosecutions), and
              (f)             section 10 (past offences).
Theft Act 1968 (c. 60)
5
  11       In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping
any person”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
  12      (1)      The Children and Young Persons Act (Northern Ireland) 1968 is amended as
follows.
10
          (2)      In section 21 (causing or encouraging seduction or prostitution of girl under
17), omit—
              (a)             in subsection (1), “or the prostitution of,”, and
              (b)             in subsection (2), “or the prostitution of,” and “or who has become a
prostitute,”.
15
          (3)                        In Schedule 1 (offences against children and young persons to which special
provisions of that Act apply), at the end insert—
                            “Any offence against a child or young person under any of
sections 17 to 21, 49 to 60, 68 and 69 of the Sexual Offences Act 2003
or any attempt to commit such an offence.”
20
National Health Service Reorganisation Act 1973 (c. 32)
  13       In Schedule 4 to the National Health Service Reorganisation Act 1973 (minor
and consequential amendments), omit paragraph 92.
Sexual Offences (Amendment) Act 1976 (c. 82)
  14       In the Sexual Offences (Amendment) Act 1976, omit—
25
              (a)             in section 1 (meaning of “rape”), subsection (2), and
              (b)             in section 7 (citation, interpretation etc.), subsection (3).
Criminal Law Act 1977 (c. 45)
  15       In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have
incestuous sexual intercourse).
30
National Health Service Act 1977 (c. 49)
  16       In Schedule 15 to the National Health Service Act 1977 (consequential
amendments), omit paragraph 29.
Protection of Children Act 1978 (c. 37)
  17       In section 1(1) of the Protection of Children Act 1978 (indecent photographs
35
of children), at the beginning insert “Subject to sections 1A and 1B,”.

Sexual Offences Bill [HL]
Schedule 5 — Minor and consequential amendments
    95

Magistrates’ Courts Act 1980 (c. 43)
  18       In Schedule 7 to the Magistrates’ Courts Act 1980 (consequential
amendments), omit paragraph 18.
Mental Health (Amendment) Act 1982 (c. 51)
  19       In Schedule 3 to the Mental Health (Amendment) Act 1982 (consequential
5
amendments), omit paragraphs 29 and 34.
Mental Health Act 1983 (c. 20)
  20       In Schedule 4 to the Mental Health Act 1983 (consequential amendments),
omit paragraph 15.
Sexual Offences Act 1985 (c. 44)
10
  21       In section 5 of the Sexual Offences Act 1985 (short title, commencement etc.),
omit subsection (2).
Criminal Justice Act 1988 (c. 33)
  22       In section 160(1) of the Criminal Justice Act 1988 (possession of indecent
photograph of child), at the beginning insert “Subject to subsection (1A),”.
15
Children Act 1989 (c. 49)
  23       In Schedule 12 to the Children Act 1989 (minor amendments), omit
paragraphs 11 to 14 and 16.
Sexual Offences (Amendment) Act 1992 (c. 34)
  24       In the Sexual Offences (Amendment) Act 1992, omit section 4 (anonymity of
20
victims: incest or buggery) except so far as extending to Northern Ireland.
Criminal Justice and Public Order Act 1994 (c. 33)
  25       In the Criminal Justice and Public Order Act 1994, omit—
              (a)             section 142 (rape of women and men)
              (b)             section 143 (male rape and buggery)
25
              (c)             section 144 (revised penalties for buggery and indecency between
men), and
              (d)             in Schedule 10 (consequential amendments), paragraphs 26 and
35(2) and (4).
Crime (Sentences) Act 1997 (c. 43)
30
  26       In the Crime (Sentences) Act 1997, omit section 52 (increased penalty for
indecency with children).
Sex Offenders Act 1997 (c. 51)
  27       The Sex Offenders Act 1997 ceases to have effect.

Sexual Offences Bill [HL]
Schedule 5 — Minor and consequential amendments
    96

Crime and Disorder Act 1998 (c. 37)
  28      (1)      The Crime and Disorder Act 1998 is amended as follows.
          (2)      Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders).
          (3)      In section 4 (appeals against orders)—
              (a)             in subsection (1), omit “a sex offender order or an order under section
5
2A above”, and
              (b)             in subsection (3), omit “or 2(6) above”.
          (4)                        Omit section 20.
          (5)                        In section 21 (procedural provisions with respect to orders)—
              (a)             omit subsection (2);
10
              (b)             in subsection (4)—
                    (i)                   omit “or (2)”; and
                    (ii)                  for “either of those subsections” substitute “that subsection”;
              (c)             in subsection (5), omit “or 20”;
              (d)             in subsection (6), omit “and sex offender orders” and “or 20(4)(a)”;
15
              (e)             in subsection (7)(b)(i), omit “or, as the case may be, chief constable”;
              (f)             omit subsections (7A) and (7B); and
              (g)             in subsection (10), omit “or 20”.
          (6)                        Omit section 21A.
          (7)               In section 22 (offences in connection with breach of orders), omit subsections
20
(6) and (7).
          (8)      In Schedule 8 (minor and consequential amendments), omit paragraph 144.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
  29       In paragraph 1 of Schedule 1 to the Criminal Justice (Children) (Northern
Ireland) Order 1998—
25
              (a)             omit sub-paragraphs (c), (e) and (j);
              (b)             after sub-paragraph (l) insert—
                             “(m)                               Section 71 of the Sexual Offences Act 2003.”
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))
  30                         In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B
30
and 7.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  31       In Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000
(consequential amendments), omit paragraphs 189, 190 and 193.
Care Standards Act 2000 (c. 14)
35
  32       In Schedule 4 to the Care Standards Act 2000 (minor and consequential
amendments), omit paragraph 2.

Sexual Offences Bill [HL]
Schedule 5 — Minor and consequential amendments
    97

Criminal Justice and Courts Services Act 2000 (c. 43)
  33       In the Criminal Justice and Courts Services Act 2000, omit—
              (a)             section 39 (indecent conduct towards 14 and 15 year olds), and
              (b)             section 66 and Schedule 5 (amendments of Sex Offenders Act 1997).
Sexual Offences (Amendment) Act 2000 (c. 44)
5
  34      (1)      The Sexual Offences (Amendment) Act 2000 is amended as follows.
          (2)      In section 1 (reduction in age at which certain sexual acts are lawful), omit
subsections (1) and (2).
          (3)      In section 2 (defences available to persons under age), omit subsections (1)
to (3).
10
          (4)      Omit sections 3 and 4 (abuse of position of trust) except so far as extending
to Scotland.
          (5)      Omit section 5 (notification requirements for offenders under section 3).
          (6)      In section 6 (meaning of “sexual offence” for the purposes of certain
enactments), omit subsection (1).
15
Armed Forces Act 2001 (c. 19)
  35       In Schedule 6 to the Armed Forces Act 2001 (miscellaneous amendments),
omit paragraphs 2 and 59.
Police Reform Act 2002 (c. 30)
  36       In the Police Reform Act 2002, omit sections 67 to 74 (sex offender orders and
20
interim orders).
Adoption and Children Act 2002 (c. 38)
  37       In section 74 of the Adoption and Children Act 2002 (status conferred by
adoption not to apply for the purposes of certain enactments), in subsection
(1) for paragraphs (b) and (c) substitute “or
25
                    (b)                      sections 65 and 66 of the Sexual Offences Act 2003 (sex with
an adult relative).”
Nationality, Asylum and Immigration Act 2002 (c. 41)
  38       In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and
146 (traffic in prostitution).
30
Criminal Justice (Scotland) Act 2003 (asp 7)
  39                In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of
adjournment where person convicted of sexual offence or offence disclosing
significant sexual aspects to behaviour in committing it), for the words from
“—(a) “three weeks”” to “each case” substitute ““four weeks” there were”.
35
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))
  40                         In the Criminal Justice (Northern Ireland) Order 2003, omit—

Sexual Offences Bill [HL]
Schedule 6 — Repeals and revocations
    98

              (a)             in Article 19(4), sub-paragraph (a) and the word “or” immediately
after it, and
              (b)             in Schedule 1, paragraphs 1, 2, 20 and 21.
Schedule 6
Section 137

Repeals and revocations
5

Reference
Extent of repeal or revocation

Vagrancy Act 1824 (c. 83)
In section 4 except so far as extending to

Northern Ireland, the words from “every

person wilfully” to “female”.

In section 4 as it extends to Northern Ireland,

10

the words from “wilfully, openly, lewdly” to

“any female; or”.

Town Police Clauses Act 1847
In section 28 the words “every person who

(c. 89)
wilfully and indecently exposes his person:”.

Offences Against the Person Act
Sections 61 and 62.

15

1861 (c. 100)

Criminal Law Amendment Act
Section 2(2) to (4).

1885 (c. 69)
Section 11.

Vagrancy Act 1898 (c. 39)
The whole Act.

Criminal Law Amendment Act
Section 7.

20

1912 (c. 20)

Sexual Offences Act 1956 (c. 69)
Sections 1 to 7.

Sections 9 to 17.

Sections 19 to 32.

Sections 41 to 43.

25

Section 45.

Section 46A.

Section 47.

In Schedule 2, paragraphs 1 to 32.

Mental Health Act 1959 (c. 72)
Sections 127 and 128.

30

Indecency with Children Act
The whole Act.

1960 (c. 33)

Sexual Offences Act 1967 (c. 60)
Section 1.

Section 4.

Section 5.

35

Sections 7 and 8.

Section 10.

Theft Act 1968 (c. 60)
In section 9(2), the words “or raping any

person”.

Children and Young Persons
In section 21, in subsection (1) the words “or the

40

Act (Northern Ireland) 1968
prostitution of,” and in subsection (2) the

(c. 34 (N.I.))
words “or the prostitution of,” and “or who

has become a prostitute,”.

Sexual Offences Bill [HL]
Schedule 6 — Repeals and revocations
    99

Reference
Extent of repeal or revocation

National Health Service
In Schedule 4, paragraph 92.

Reorganisation Act 1973 (c.

32)

Sexual Offences (Amendment)
Section 1(2).

5

Act 1976 (c. 82)
Section 7(3).

Criminal Law Act 1977 (c. 45)
Section 54.

National Health Service Act
In Schedule 15, paragraph 29.

1977 (c. 49)

Magistrates’ Courts Act 1980 (c.
In Schedule 7, paragraph 18.

10

43)

Magistrates’ Courts (Northern
In Article 29(1), the words from “or with an

Ireland) Order 1981 (S.I.
offence under section 1(1)(b) of the Vagrancy

1981/1675 (N.I. 26))
Act 1898” to “homosexual act”.

In Schedule 2, paragraphs 5(c), 10(c) and 22.

15

Mental Health (Amendment)
In Schedule 3, paragraphs 29 and 34.

Act 1982 (c. 51)

Homosexual Offences
In Article 2(2), in the definition of “homosexual

(Northern Ireland) Order
act”, the words from “, an act of gross

1982 (S.I. 1982/1536 (N.I. 19))
indecency” to the end.

20

Article 3.

Article 7.

Article 8.

Article 10(2)(a) and (b).

In Article 11(1), the words “, or gross indecency

25

with,”.

Article 12(1).

Article 13.

In the Schedule, paragraphs 3, 4 and 7.

Mental Health Act 1983 (c. 20)
In Schedule 4, paragraph 15.

30

Sexual Offences Act 1985 (c. 44)
Section 4(2) and (3).

Section 5(2).

Mental Health (Northern
In Schedule 5, in Part II, the entry relating to the

Ireland) Order 1986 (S.I.
Homosexual Offences (Northern Ireland)

1986/595 (N.I. 4))
Order 1982.

35

Children Act 1989 (c. 49)
In Schedule 12, paragraphs 11 to 14 and 16.

Sexual Offences (Amendment)
Section 4 except so far as extending to Northern

Act 1992 (c. 34)
Ireland.

Criminal Justice and Public
Sections 142 to 144.

Order Act 1994 (c. 33)
In Schedule 10, paragraphs 26 and 35(2) and (4).

40

Crime (Sentences) Act 1997 (c.
Section 52.

43)

Sex Offenders Act 1997 (c. 51)
The whole Act.

Crime and Disorder Act 1998 (c.
Sections 2, 2A, 2B and 3.

37)

45



© Parliamentary copyright 2003	Revised 19 June 2003