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The Homosexual Offences (Northern Ireland) Order 1982

1982/1536 · Made 27 October 1982 · Extends to Northern Ireland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 January 2006.

See the changes not yet applied
ProvisionChangeMade by
InstrumentamendedCriminal Justice and Public Order Act 1994 s. 145(3)
Instrumentrev. in Pt.Criminal Justice and Public Order Act 1994 ss. 147, 168(3), Sch.11
art.3(1)rep in pt (prosp)Criminal Justice and Public Order Act 1994 s. 168(3), Sch.11
arts.3(4), 5repealedCriminal Justice and Public Order Act 1994 s. 168(3), Sch.11

27th October 1982

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 9Premises resorted to for homosexual practices
  4. 10Time limit on prosecutions.
  5. 11Restriction on prosecutions
  6. 12Choice of mode of trial for certain offences
  7. Schedule Schedule

1Title and commencement

(1)

This Order may be cited as the Homosexual Offences (Northern Ireland) Order 1982.

(2)

This Order shall come into operation on the expiration of 6 weeks from the day on which it is made.

2Interpretation

(1)

The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2)

In this Order—

Definition rep. by 2003 NI 13

“the Act of 1885” means the Criminal Law Amendment Act 1885F2;

“the Order of 1981” means the Magistrates' Courts (Northern Ireland) Order 1981F3;

“homosexual act”, in relation to a man, means buggery with another manF4...;

“man” includes boy;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

9Premises resorted to for homosexual practices

Premises shall be treated for purposes of section 13 of the Act of 1885 and section 5 of the Criminal Law Amendment Act 1912F1 as a brothel if people resort to it for the purpose of lewd homosexual practices in circumstances in which resort thereto for lewd heterosexual practices would have led to its being treated as a brothel for the purposes of those sections.

10Time limit on prosecutions.

(1)

No proceedings for an offence to which this Article applies shall be commenced after the expiration of 12 months from the date on which that offence was committed.

(2)

This Article applies to—

Sub. paras. (a)‐(b) rep. by 2003 c. 42

(c)

any offence of buggery by a man with another man not amounting to an assault on that other man and not being an offence by a man with a boy under the age of 16 years.

11Restriction on prosecutions

(1)

Without prejudice to section 12 of the Criminal Jurisdiction Act 1975F1 (arrest and remand of alleged offender), no proceedings shall be initiated or carried on except by or with the consent of the Director of Public Prosecutions against any man for the offence of buggery withF2... another man,F3... or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time of its commission under the age ofF4 17 years.

(2)

Paragraph (1) does not apply to proceedings under any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or to proceedings under section 22 of the Children and Young Persons Act (Northern Ireland) 1968F5 (indecent conduct towards child).

12Choice of mode of trial for certain offences

  • Para. (1) rep. by 2003 c. 42

  • Para. (2) rep. by 1986 NI 15

Schedule—Amendments