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(1)     The Protection of Children Act 1978 (c 37) (which makes provision about indecent photographs of persons under 16) is amended as follows.

(2)     In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “18”.

(3)     After section 1 insert—

“1A Marriage and other relationships

(1)     This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(2)     Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph