Sodomy: Scotland — 13 Nov 2000 at 19:07
Clause 2 [Defences available to persons who are under age]:
moved Amendments Nos. 3 to 16:
Page 2, line 11, leave out ("sixteen") and insert ("eighteen").
Page 2, line 22, leave out (""a homosexual act"") and insert (""an act of buggery in private with another man"").
Page 2, line 25, leave out ("a homosexual act") and insert ("an act of buggery with another man or commission of an act of buggery").
Page 2, line 26, leave out ("sixteen") and insert ("eighteen").
Page 2, line 27, at end insert--
("(3A) In subsection (1A) of section 1 of the Sexual Offences Act 1967 (as inserted by section 1)--
(a) the words from "an act of gross indecency" to the end shall become paragraph (a); and
(b) after that paragraph there shall be inserted the words, "and
(b) an act of gross indecency with another man or commission of an act of gross indecency by any person shall not be an offence if he is under the age of sixteen and the other party has attained that age.".").
Page 2, line 29, leave out second ("subsection") and insert ("subsections").
Page 2, line 30, leave out ("(8A)") and insert ("(8B)").
Page 2, line 30, leave out ("sixteen") and insert ("eighteen").
Page 2, line 32, leave out ("a homosexual act") and insert ("an act of sodomy").
Page 2, line 33, at end insert--
("(8C) A person under the age of sixteen years does not commit an offence under subsection (5A)(a) or (c) above if he commits or is party to the commission of an act of gross indecency or shameless indecency with a person who has attained that age.").
Page 2, line 36, leave out (""a homosexual act"") and insert (""an act of buggery in private by a man with another man"").
Page 2, line 39, leave out ("a homosexual act by any person") and insert ("an act of buggery by a man with another man or commission of an act of buggery by a man with another man").
Page 2, line 40, leave out ("seventeen") and insert ("eighteen").
Page 2, line 41, at end insert--
("(6) In paragraph (1A) of Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (as inserted by section 1)--
(a) the words from "an act of gross indecency" to the end shall become paragraph (a); and
(b) after that paragraph there shall be inserted the words "and
(b) an act of gross indecency or commission of an act of gross indecency by any person shall not be an offence if he is under the age of seventeen and the other party has attained that age.".").
On Question, amendments agreed to.
Clause 2, as amended, agreed to.
Clause 3 [Abuse of position of trust]:
moved Amendment No. 17:
Page 3, line 2, at end insert (", including preparing such a person to engage in sexual activity with him at a later stage,").
On Question, Whether the said amendment (No. 17) shall be agreed to?
Their Lordships divided: Contents, 139; Not-Contents, 124.
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