Scottish Statutory Instruments

2013 No. 341 (C. 27)

Criminal Law

The Sexual Offences (Scotland) Act 2009 (Commencement No. 2) Order 2013

Made

28th November 2013

Laid before the Scottish Parliament

3rd December 2013

Coming into force

16th December 2013

The Scottish Ministers make the following Order in exercise of the power conferred by section 62(2) of the Sexual Offences (Scotland) Act 2009(1).

Citation and commencement

1. This Order may be cited as the Sexual Offences (Scotland) Act 2009 (Commencement No. 2) Order 2013 and comes into force on 16th December 2013.

Commencement of the Sexual Offences (Scotland) Act 2009

2. The following provisions of the Sexual Offences (Scotland) Act 2009 come into force on 16th December 2013-

(a)section 52; and

(b)section 53(2)(a) to (d).

KENNY MACASKILL

A member of the Scottish Government

St Andrew's House,

Edinburgh

28th November 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 16th December 2013 sections 52 and 53(2)(a) to (d) of the Sexual Offences (Scotland) Act 2009 ("the 2009 Act"). Section 52 abolishes the common law offences of rape, clandestine injury to women, lewd, indecent or libidinous practice or behaviour and sodomy. Section 53(2)(a) to (d) makes transitional provision related to the abolition of these offences.

The Bill for the 2009 Act received Royal Assent on 14th July 2009. Section 62 of the 2009 Act brought into force sections 1(4), 17(3), 58 to 60 and 62 on that date.

NOTE AS TO EARLIER COMMENCEMENT ORDERS