# Protection of Children Act 1978, Paragraph 21


(1) In this Schedule—
“the court” is to be construed in accordance with paragraph 12;
“forfeitable property” is to be construed in accordance with paragraph 1(2);
“premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and
“the relevant officer” is to be construed in accordance with paragraph 3.
(2) For the purposes of this Schedule the circumstances in which a person (“P”) has a legitimate reason for possessing an indecent photograph of a child (“C”) include where—
(a) the photograph was of C aged 16 or over,
(b) one or both of the following sub-paragraphs apply—
(i) P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship,
(ii) P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph,
(c) the photograph shows C alone or with P, but does not show any other person,
(d) C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and
(e) P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.

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Source: https://www.legislation.gov.uk/ukpga/1978/37/schedule/paragraph/21 (the official version)
Page: https://openlegislation.uk/protection-of-children-act-1978/schedule/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.