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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person (“A”) who, for the purpose of obtaining the services of a person engaged in prostitution, solicits in a relevant place commits an offence.
(2)For the purposes of subsection (1) it is immaterial whether or not—
(a)A is in or on public transport,
(b)A is in a motor vehicle which is not public transport,
(c)a person solicited by A for the purpose mentioned in that subsection is a person engaged in prostitution.
(3)A person (“B”) who loiters in a relevant place so that in all the circumstances it may reasonably be inferred that B was doing so for the purpose of obtaining the services of a person engaged in prostitution commits an offence.
(4)For the purposes of subsection (3) it is immaterial whether or not—
(a)B is in or on public transport,
(b)B is in a motor vehicle which is not public transport.
(5)A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In this section—
“motor vehicle” has the meaning given by section 185(1) of the Road Traffic Act 1988 (c. 52),
“public transport” means a vehicle, train, tram, ship, hovercraft, aircraft or other thing designed, adapted or used for the carriage of persons provided in connection with any of those services on which members of the public rely for getting from place to place when not relying on facilities of their own,
“relevant place” means—
a public place within the meaning of section 133 of the Civic Government (Scotland) Act 1982 (c. 45),
a place to which at the material time the public are permitted to have access (whether on payment or otherwise),
and in subsection (1) includes a place which is visible from a place mentioned in paragraph (a) or (b).
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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