Back to the Scottish Parliament Business Bulletin No. 22/2010: Wednesday 3 February 2010
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Section G – Bills

New amendments to Bills lodged on 2 February 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 34

Trish Godman

8 After section 34, insert—

<Offences of engaging in, advertising and facilitating paid-for sexual activities

(1) The Sexual Offences (Scotland) Act 2009 (asp 9) is amended as follows.

(2) After section 11 insert—

"Engaging in, advertising and facilitating paid-for sexual activities

11A Engaging in a paid-for sexual activity

(1) A person ("A") commits an offence, to be known as the offence of engaging in a paid-for sexual activity, if A knowingly engages in a paid-for sexual activity with another person ("B").

(2) A sexual activity is paid for where B engages in that activity in exchange for payment.

(3) For the purposes of subsection (2), it is immaterial whether the payment is made—

(a) by A or by another person, or

(b) to B or to another person on B’s behalf.

11B Advertising paid-for sexual activities

A person commits an offence, to be known as the offence of advertising paid-for sexual activities, if that person knowingly advertises, by any means, the availability of sexual activities that can be engaged in for payment.

11C Facilitating engagement in a paid-for sexual activity

(1) A person ("A") commits an offence, to be known as the offence of facilitating engagement in a paid-for sexual activity, if A knowingly facilitates the engagement of another person ("B") in a paid-for sexual activity with another person ("C").

(2) A sexual activity is paid for where C engages in that activity in exchange for payment.

(3) For the purposes of subsection (2), it is immaterial whether the payment is made—

(a) by A, by B or by another person, or

(b) to C or to another person on C’s behalf.

(4) For the purposes of subsection (1), facilitating the engagement by B in a paid-for sexual activity includes (but is not limited to)—

(a) arranging B’s engagement in the activity,

(b) making payment to C or to another person on C’s behalf,

(c) making available premises in which the activity takes place, or

(d) transporting B, or arranging transport for B, to where the activity takes place.

11D Arrest for offences under sections 11A to 11C

(1) Where a constable reasonably believes that a person is committing or has committed an offence under section 11A, 11B or 11C, the constable may arrest the person without warrant.

(2) Subsection (1) is without prejudice to any power of arrest conferred by law apart from that subsection.".

(3) In the table in schedule 2 insert at the appropriate place—

"Engaging in a paid-for sexual activity Section 11A A fine not exceeding level 3 on the standard scale  
Advertising paid-for sexual activities Section 11B A fine not exceeding level 3 on the standard scale  
Facilitating engagement in a paid-for sexual activity Section 11C A fine not exceeding level 3 on the standard scale".>  

Section 72

Trish Godman

9 In section 72, page 94, line 39, at end insert <, other than an offence under section 11A (engaging in a paid-for sexual activity) or 11B (advertising paid-for sexual activities)>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it under Rule 9.14.16 of the Standing Orders.

The Bills page of the parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Members’ Bills

Bill Butler MSP: Proposed Damages (Scotland) Bill - Proposal for a Bill in relation to rights to damages in respect of personal injuries and death and for connected purposes (lodged 13 January 2010).

A summary of responses to consultation on the draft proposal, together with copies of each response, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Duncan McNeil, Des McNulty, Patricia Ferguson, Cathie Craigie, Hugh Henry, Richard Baker, Cathy Jamieson, Paul Martin, David Stewart, Malcolm Chisholm; Jackie Baillie; James Kelly; Peter Peacock; Charlie Gordon; Andy Kerr; Marilyn Livingstone; Rt Hon Jack McConnell

Patricia Ferguson: Proposed Property Factors (Scotland) Bill - Proposal for a Bill to create a system of registration for property factors, to provide for dispute resolution between homeowners and property factors and to make consequential amendments to the law on real burdens and the Tenements (Scotland) Act 2004 (lodged 21 January 2010).

A summary of responses to consultation on the draft proposal together with copies of each response are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Mary Mulligan, Cathy Jamieson, Pauline McNeill, Margaret Curran, Paul Martin, Michael McMahon, Richard Baker, David Stewart, James Kelly, Des McNulty, Duncan McNeil, Hugh Henry, Elaine Smith, Marlyn Glen, Rhoda Grant, Claire Baker, Patrick Harvie, Bill Butler, Helen Eadie, Malcolm Chisholm

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