Immigration, employment, and tax legislation are UK wide – however they do not make specific reference to sex work. The sex industry is legislated primarily through criminal and public nuisance (civic government) legislation determined by the Scottish Parliament for Scotland, by Westminster for England and Wales, and by the Northern Ireland Assembly and Westminster for Northern Ireland.

It is an offense to loiter and solicit for the purpose of prostitution in a public place, thereby criminalising street based sex workers across the UK..

In England and Wales kerb-crawling and persistent soliciting by clients of street based sex workers (seeking to purchase sexual services in or near a vehicle within street prostitution settings) has been criminalised since 1985. Clients of street based sex workers were criminalised for loitering and soliciting with the intention of purchasing sexual services in Scotland in 2007 and in Northern Ireland in 2008. It is a criminal offence for a client to pay for sex with a child (defined across the UK as a person under the age of 18 years old).

Across the UK the following are criminalised:

Ø      brothel-keeping (a brothel is defined as two or more sex workers working together in or sharing premises);

Ø      living off immoral earnings and controlling a sex worker;

Ø      procuring, causing or encouraging prostitution;

Ø      procuring, causing and encouraging child prostitution (under18 year old); and

Ø      trafficking into, within and out of the UK for the purpose of prostitution (in Scotland the legislation also applies to trafficking for the purpose of pornography).

The selling of sex and being a sex worker are not illegal in the UK. However, the criminalisation of the sex industry has made it impossible for sex workers to work collectively for their safety, while the criminalisation of clients of sex workers has driven street prostitution into more isolated and dangerous settings.

While brothels are illegal, many businesses which in reality operate as brothels have applied for and obtained licenses as places of public entertainment. This allows for the businesses to be inspected by police, fire brigade and health and safety officers to ensure they comply with current business regulations.

Sex workers and sex industry businesses are required to pay taxes. HMRC Her Majesty’s Revenue and Customs have targeted the adult entertainment industry for the last two years, they have wide ranging powers to enter and inspect businesses, determine their status as employers and obtain details of ‘employees’. 

Political framework in the uk

Across the UK there have been moves by governments to define prostitution as ‘violence against women’ and to focus government and charitable resources on ‘rescuing’ women/prostitutes and ‘punishing’ men/clients. Further repressive legislation to control the sex industry is being considered in England and Wales where proposals have been put forward to criminalise clients of sex workers who are controlled for gain, restrict lap dancing clubs through greater regulation; and to enable police and local authorities to close brothels. In Scotland there is discussion about criminalising the purchase of sex. These proposals are being put forward as ‘protection for vulnerable women and children’, but in reality sex workers in the UK know it will further marginalise them and increase the vulnerability of national and migrant sex workers while doing little to actually protect those who are abused and exploited within the sex industry.