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Sexual Offences (Amendment) Act 2000 (c. 44)

25 (1) Section 4 (meaning of “position of trust”) of the Sexual Offences (Amendment) Act 2000 is amended as follows.

(2) In subsection (4)—

(a) in paragraph (b), the words “residential care home, nursing home, mental nursing home or” are repealed; and

(b) after that paragraph, there is inserted the following paragraph—

(bb) provided by a care home service;.

(3) In subsection (9)—

(a) after the definition of “authority”, there is inserted—

“care home service” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8);;

(b) in the definition of “nursing home”, paragraph (b) is repealed; and

(c) in the definition of “residential care home”, paragraph (b) is repealed.

SCHEDULE 4 REPEALS

(introduced by section 80(1))

Enactment Extent of repeal
Nursing Homes Registration (Scotland) Act 1938 (c. 73) The whole Act.
Nurses (Scotland) Act 1951 (c. 55) The whole Act.
Social Work (Scotland) Act 1968 (c. 49)

In section 5(1B), paragraph (o); and the word “and” which immediately precedes that paragraph.

In section 6A(1), paragraph (c).

Sections 60 to 68.

In section 94(1), in paragraph (c) of the definition of “prescribed”, the words “62(2), 64A(3), 66(1) and (2),”.

Schedule 5.

Criminal Law Act 1977 (c. 45) In Schedule 6, the entries relating to the Nursing Homes Registration (Scotland) Act 1938 and to sections 60(3), 61(3), 62(6) and 65(4) of the Social Work (Scotland) Act 1968.
National Health Service (Scotland) Act 1978 (c. 29) In Schedule 16, paragraph 7.
Nurses, Midwives and Health Visitors Act 1979 (c. 36) In Schedule 7, paragraphs 1 to 6.
Health Services Act 1980 (c. 53) In Schedule 4, Part II, except paragraph 16.
Mental Health (Scotland) Act 1984 (c. 36) Part IV, except subsection (2) of section 12.
Foster Children (Scotland) Act 1984 (c. 56) Section 7(1)(e).
Registered Establishments (Scotland) Act 1987 (c. 40) The whole Act.
Children Act 1989 (c. 41)

Section 19.

Part X.

Section 80.

In section 102(6)(a), the words “76,”.

In section 108 (11), the words “section 19;” and “Part X; section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);”.

Schedule 9.

National Health Service and Community Care Act 1990 (c. 19)

In section 63(2), paragraph (b); and the word “and” which immediately precedes that paragraph.

In Schedule 9, paragraphs 3 and 10(8) to (10).

Tribunals and Inquiries Act 1992 (c. 53) In Part II of Schedule 1, paragraph 61(b).
Children (Scotland) Act 1995 (c. 36)

Sections 34 and 37.

In section 94, subsections (1) and (2).

In Schedule 2, paragraphs 3 and 5(a).

In Schedule 4, paragraphs 15(16) and 48(4).

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) In Schedule 2, in Part II, the entries relating to the Nursing Homes Registration (Scotland) Act 1938 (c. 73).
Registered Establishments (Scotland) Act 1998 (c. 25) The whole Act.
Adults with Incapacity (Scotland) Act 2000 (asp 4)

Section 36.

Section 38.

In schedule 5, paragraphs 10 and 11.