Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows.
In subsection (1), after the words “another person” there shall be inserted the words “otherwise than in the circumstances described in subsection (1A) below”.
After subsection (1), there shall be inserted the following subsections—
(1A)The circumstances referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of eighteen. (1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place— (a) when more than two persons take part or are present; or (b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise. (1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of eighteen.