Article 2 Interpretation

Northern Ireland

(1)

The Interpretation Act (Northern Ireland) 1954 1954 c.33 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—

“child”F1 subject to paragraph (3)(c) means a person under the age of F2eighteen;
“film” includes any form of video-recording;
“indecent photograph” includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film;
“indecent pseudo‐photograph” includes—
1. (a)
  a copy of an indecent pseudo‐photograph; and
2. (b)
  data stored on a computer disc or by other electronic means which is capable of conversion into F3an indecent pseudo-photograph;
“photograph” includes—
1. (a)
  the negative as well as the positive version; and
2. (b)
  data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;
“pseudo‐photograph” means an image, whether made by computer‐graphics or otherwise howsoever, which appears to be a photograph;

F4(2A)

In this Order, references to a photograph also include—

(a)

a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)

which is not itself a photograph or pseudo-photograph, but

(ii)

which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)

data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(3)

For the purposes of this Order—

(a)

a person is to be regarded as distributing an indecent photograph or pseudo‐photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person; and

(b)

photographs (including those comprised in a film) shall, if they show children and are indecent, be treated as indecent photographs of children and so as respects pseudo‐photographs; and.

(c)

if the impression conveyed by a pseudo‐photograph is that the person shown is a child, the pseudo‐photograph shall be treated as showing a child and so shall a pseudo‐photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

Annotations

Textual amendments

F1: 1994 c. 33
F2: Art. 2(2): word in the definition of "child" substituted (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 42(2); S.R. 2008/510, art. 2
F3: Art. 2(2): words in the definition of "indecent pseudo-photograph" substituted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(2), 153(2)(c)
F4: Art. 2(2A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 70(3), 153(2)(c) (with Sch. 27 para. 24(2))