Sexual Offences Act 2003

Changes over time for: Section 22

Alternative versions:

Changes to legislation:

Sexual Offences Act 2003, Section 22 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 60B(5)(i) substituted for s. 60B(5)(i)(ii) by 2015 c. 9 (N.I.) Sch. 1 para. 123(1) Sch. 9 Pt. 1 (This amendment not applied to legislation.gov.uk. S. 60B already repealed (N.I.) (14.1.2015) by 2015 c. 2 (N.I.), s. 28(2), Sch. 5; and omitted (E.W.) (31.7.2015) by virtue of 2015 c. 30, Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j))
s. 103C(4B) inserted by 2022 c. 32 s. 178(7)(b)
s. 103E(5C)(5D) inserted by 2022 c. 32 s. 178(8)
s. 103F(3B) inserted by 2022 c. 32 s. 178(9)(a)
s. 103FA 103FB inserted by 2022 c. 32 s. 178(10)
s. 108(9) inserted by 2011 c. 18 s. 17(2)
s. 122A(8A) inserted by 2022 c. 32 s. 178(11)(a)
s. 122A(9B) inserted by 2022 c. 32 s. 178(11)(b)
s. 122D(4C)(4D) inserted by 2022 c. 32 s. 178(12)
s. 122E(3B) inserted by 2022 c. 32 s. 178(13)(a)
s. 122EA 122EB inserted by 2022 c. 32 s. 178(14)
s. 136ZA(3) inserted by 2022 c. 32 s. 178(15)

22Positions of trust: interpretationE+W

This adran has no associated Nodiadau Esboniadol

[F1(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”—
(a)
in relation to England and Wales, means a local authority;
(b)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“care home” means an establishment [F3in England] which is a care home for the purposes of the Care Standards Act 2000 (c. 14);
[F4“care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);]
“care order” has—
(a)
in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F5. . .
(b)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“children’s home” has—
(a)
in relation to England F6..., the meaning given by section 1 of the Care Standards Act 2000; F7. . .
(b)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“community home” has [F8, in relation to England] the meaning given by section 53 of the Children Act 1989;
“education supervision order” has—
(a)
in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F9. . .
(b)
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10“hospital” means—
(a)
a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or
(b)
any other establishment—
(i)
in England, in which any of the services listed in subsection (6) are provided; and
(ii)
in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;]
“independent clinic” has—
(a)
F11. . . the meaning given by section 2 of the Care Standards Act 2000;
(b)
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;]
“supervision order” has—
(a)
in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F15. . .
(b)
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“voluntary home” has—
(a)
in relation to England F16. . . , the meaning given by section 60(3) of the Children Act 1989. F17. . .
(b)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .