SP Bill 21A Session 5 (2020) 2 Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill Part 2—Pardons for certain historical sexual offences (2) An offence falls within this subsection if the offence— (a) regulated, or was used in practice to regulate, sexual activity between men, and (b) either— (i) has been repealed or, in the case of an offence at common law, abolished, 5 or (ii) has not been repealed or abolished but once covered sexual activity between men of a type which, or in circumstances which, would not amount to the offence on the day on which section 3 comes into force. (3) Where an offence of the type described in subsection (2)(b)(ii) covers or once covered activity other than sexual activity between men, the offence falls with subsection (2) 10 only to the extent that it once covered sexual activity between men. (4) In this section, “sexual activity between men” includes— (a) any physical or affectionate activity between males of any age which is of a type which is characteristic of persons involved in an intimate personal relationship, 15 (b) conduct intended to introduce or procure such activity. ART 2 P...