Prostitution (Offences and Support) (Scotland) Bill

Overview

The Criminal Justice Committee is seeking views on a proposal by Ash Regan MSP for a new law about prostitution in Scotland.

Those views will inform the Committee’s scrutiny.

About this call for views

The proposed new law is the Prostitution (Offences and Support) (Scotland) Bill.

In summary, the Bill would create a new offence of paying for sexual acts. This would be an offence aimed at those who seek to buy sexual services.

The Bill would also repeal the existing offence under section 46 of the Civic Government (Scotland) Act 1982 of loitering, soliciting or importuning in a public place for the purposes of prostitution. This is an offence which has been used to prosecute those selling their sexual services. People who have been convicted of this offence in the past would have their convictions quashed. 

Additionally, Scottish Ministers will need to ensure that a person who is, or has been, in prostitution is provided with help and support. That may include accommodation, financial assistance, healthcare or legal advice and representation. 

Read more background information about the Bill

Who we would like to hear from

We welcome responses from a wide range of individuals and organisations with views on the Bill.

How to contribute

Please answer the call for views by completing the submission form below.

Please note that you are not required to answer every question. Please feel free to only answer the questions on which you have a view.

The questions in this call for views summarise the main proposals in the Bill. However, for more detailed information about what is being proposed and why, you may wish to refer to the Policy Memorandum and the Explanatory Notes.

These documents have been published alongside the Bill by Ash Regan MSP.

Questions in the call for views

1. The Bill proposes to create a new offence of paying for the performance of a sexual act by a person. The Bill (at section 1) includes details of the circumstances in which an offence would be committed. The Bill (at section 9) includes a definition of “a sexual act”. The Bill states that activities such as striptease, pole dancing, lap dancing, or other erotic performances are not included in the definition of a “sexual act”.

What are your views on this proposal?

2. The Bill proposes to repeal section 46 of the Civic Government (Scotland) Act 1982. Under this section of the 1982 Act, a person who is found guilty of loitering, soliciting or importuning in a public place for the purposes of prostitution commits an offence.

What are your views on this proposal?

3. The Bill proposes to quash historic convictions under section 46 of the Civic Government (Scotland) Act 1982, which relates to the offence of loitering, soliciting or importuning in a public place for the purposes of prostitution.

What are your views on this proposal?

4. The Bill proposes (at section 6) to place a duty on the Scottish Ministers to ensure that a person who is or has been in prostitution is provided with assistance and support. The Bill sets out a non-exhaustive list of the types of assistance and support that may be provided.

What are your views on this proposal?

5. Do you have any other comments on the Bill which you have not already covered elsewhere?

Please read these important notes below.

Important notes

Your views and expertise are essential to the working of the Scottish Parliament’s committees. When you provide information to us, we will use this as evidence to help it make decisions.

Please make sure you read our advice on making a submission. It contains important information on the content of your submission and when we may be required to ask you to make changes to what you propose. This advice sets out the times when we may not publish your views.

The Scottish Parliament will not publish defamatory statements or material in submissions. We are aware that some of the language surrounding the issues raised in this Bill is contested. We know that some terms, such as “prostitute”, “sex work” and “sex worker” are contested. Unless the language used in a submission is defamatory or gratuitously offensive, the Committee will not remove these terms and will not respond to requests for submissions to be changed after publication.

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on Friday 5 September 2025.