45A. (1) A person who offers a tenancy of, or a licence in relation to, relevant accommodation, which tenancy or licence is of a type that would ordinarily be granted in exchange for payment, to another person in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of the tenancy or licence shall be guilty of an offence.

(2) Subject to subsection (3), a person who advertises, or causes the advertisement of, an offer of a tenancy of, or a licence in relation to, relevant accommodation, which tenancy or licence is of a type that would ordinarily be granted in exchange for payment, where the tenancy or licence is offered by a person in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of that tenancy or licence, shall be guilty of an offence.

(3) In any proceedings for an offence under subsection (2), it shall be a defence for the accused to show that he or she did not know and had no reason to suspect that the advertisement related to an offer of a tenancy of, or licence in relation to, relevant accommodation, in exchange for a person engaging in sexual activity with another person in lieu of payment in respect of the tenancy or licence.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine.

(5) In this section—

"advertisement" includes every form of advertisement, whether or not to the public, in a newspaper or other publication, on television or radio, by display of a notice, by electronic communication, including by means of the internet, or by any other means;

"licence" means, in relation to a residential property, a licence, whether oral or in writing or implied, given by a person (whether or not the owner of the residential property concerned) permitting another person to enter and reside in the residential property, or part thereof;

"relevant accommodation" means a self-contained residential property, or part thereof, that is, or is capable of being, the subject of a tenancy or a licence;

"residential property" means any building which is in use as, or is suitable for use as, a dwelling;

"tenancy" includes—

(a) a periodic tenancy,

(b) a tenancy for a fixed term, and

(c) a sub-tenancy, whether oral or in writing or implied.]