(1)A person commits an offence if—
(a)he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and
(b)doing it will involve the commission of an offence under any of sections [F15F1] to 13.
(2)A person does not commit an offence under this section if—
(a)he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and
(b)any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.
(3)For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of—
(a)protecting the child from sexually transmitted infection,
(b)protecting the physical safety of the child,
(c)preventing the child from becoming pregnant, or
(d)promoting the child’s emotional well-being by the giving of advice,
and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.
(4)A person guilty of an offence under this section is liable [F2to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)F2] .
23.Section 14 makes it an offence for a person (A) intentionally to arrange or facilitate any action which he intends to do, intends another person to do or believes that another person will do, in any part of the world, which will involve an offence being committed against a child under any of sections 9 to 13.
24.An example of the first two limbs of the offence is where A approaches an agency requesting the agency to procure a child for the purpose of sexual activity either with himself or with a friend. The offence is committed whether or not the sex takes place. An example of the third limb of the offence is where A intentionally drives another person (X) to meet a child with whom he knows X is going to have sexual activity. A may not intend X to have child sexual activity, but he believes that X will do so if he meets that child.
25.Subsection (2) provides an exception for anyone whose actions are intended to protect the child. Subsection (3) defines the concept of acting for the protection of a child as acting to protect a child from pregnancy or sexually transmitted infection, to protect the physical safety of a child or to promote the emotional wellbeing of a child by the giving of advice. The exception only applies if the person is not causing or encouraging an activity that would constitute an offence under sections 9 to 13 and if he is not acting for the purpose of obtaining sexual gratification. An example would be where a health worker believes that a person is having sex with a child under 16. He advises that it is unlawful to have sex with children under 16 but supplies him with condoms because he believes that the person will otherwise have sex with the child without using any protection.