Sexual Offences (Amendment) Act 2000
| Jurisdiction | UK Non-devolved |
| Citation | 2000 c. 44 |
| Year | 2000 |
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in subsections (1) and (5) (c) , for the word “eighteen”; andin subsection (8) , for the word “18”,(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) Section 145 of the (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) In section 13 of the A person under the age of sixteen years does not commit an offence under subsection (5) (a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age.(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .to have sexual intercourse (whether vaginal or anal) with a person under that age; orto engage in any other sexual activity with or directed towards such a person,he did not know, and could not reasonably have been expected to know, that B was under 18;he did not know, and could not reasonably have been expected to know, that B was a person in relation to whom he was in a position of trust; orhe was lawfully married toF16, or in civil partnership with, B.A was in a position of trust in relation to B; anda sexual relationship existed between them.on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.does not include any activity which a reasonable person would regard as sexual only with knowledge of the intentions, motives or feelings of the parties; butsubject to that, means any activity which such a person would regard as sexual in all the circumstances.(1) For the purposes of section 3 above, a person aged 18 or over (“ A ”) is in a position of trust in relation to a person under that age (“ B ”) if any of the four conditions set out below, or any condition specified in an order made by the Secretary of State by statutory instrument, is fulfilled. (2) The first condition is that A looks after persons under 18 who are detained in an institution by virtue of an order of a court or under an enactment, and B is so detained in that institution. accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 or Article 27(2) of the Children (Northern Ireland) Order 1995; accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or accommodation is provided by an authority under section 26(1) of the Children (Scotland) Act 1995, a hospital;a F1residential care home, nursing home, mental nursing home or private hospital;provided by a care home service;a community home, voluntary home, children’s home or residential establishment; or a home provided under section 82(5) of the Children Act 1989, (5) The fourth condition is that A looks after persons under 18 who are receiving full-time education at an educational institution, and B is receiving such education at that institution.(6) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.(7) A person looks after persons under 18 for the purposes of this section if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.he is registered or otherwise enrolled as a full-time pupil or student at the institution; orhe receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.(9) In this section, except where the context otherwise requires—
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“ authority ” means—
- (a) in relation to Great Britain, a local authority; and
- (b) in relation to Northern Ireland, an authority within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995;
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