Part 1Sexual Offences

Abuse of position of trust

22Positions of trust: interpretation

1

The following provisions apply for the purposes of section 21.

2

Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

3

A person (A) looks after another person (B) on an individual basis if—

a

A is regularly involved in caring for, training or supervising B, and

b

in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

4

A person receives education at an educational institution if—

a

he is registered or otherwise enrolled as a pupil or student at the institution, or

b

he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

5

In section 21—

  • “authority”—

    1. a

      in relation to England and Wales, means a local authority;

    2. b

      in relation to Northern Ireland, has the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

  • “care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);

  • “care order” has—

    1. a

      in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41), and

    2. b

      in relation to Northern Ireland, the same meaning as in the Children (Northern Ireland) Order 1995;

  • “children’s home” has—

    1. a

      in relation to England and Wales, the meaning given by section 1 of the Care Standards Act 2000, and

    2. b

      in relation to Northern Ireland, the meaning that would be given by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) (“the 2003 Order”) if in paragraph (4) of that Article sub-paragraphs (d), (f) and (g) were omitted;

  • “community home” has the meaning given by section 53 of the Children Act 1989;

  • “education supervision order” has—

    1. a

      in relation to England and Wales, the meaning given by section 36 of the Children Act 1989, and

    2. b

      in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995;

  • “hospital”—

    1. a

      in relation to England and Wales, means a hospital within the meaning given by section 128(1) of the National Health Service Act 1977 (c. 49), or any other establishment which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000 (c. 14);

    2. b

      in relation to Northern Ireland, means a hospital within the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), or any other establishment which is a hospital within the meaning given by Article 2(2) of the 2003 Order;

  • “independent clinic” has—

    1. a

      in relation to England and Wales, the meaning given by section 2 of the Care Standards Act 2000;

    2. b

      in relation to Northern Ireland, the meaning given by Article 2(2) of the 2003 Order;

  • “private hospital” has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

  • “residential care home” means an establishment which is a residential care home for the purposes of the 2003 Order;

  • “residential family centre” has the meaning given by section 22 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3);

  • “supervision order” has—

    1. a

      in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41), and

    2. b

      in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2));

  • “voluntary home” has—

    1. a

      in relation to England and Wales, the meaning given by section 60(3) of the Children Act 1989, and

    2. b

      in relation to Northern Ireland, the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995.