PART 3SEXUAL OFFENCES AGAINST CHILDREN

Offences against children under 18: abuse of position of trust

Positions of trust: interpretation29

1

The following provisions apply for the purposes of Article 28.

2

Subject to paragraph (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 Article 28—

  • “authority” has the meaning given by Article 2(2) of the 1995 Order;

  • “care order” has the same meaning as in the 1995 Order;

  • “children’s home” has the meaning that would be given by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9) (“the 2003 Order”) if in paragraph (4) of that Article sub-paragraphs (d), (f) and (g) were omitted;

  • “education supervision order” has the meaning given by Article 49(1) of the 1995 Order;

  • “hospital” means a hospital within the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14), or any other establishment which is a hospital within the meaning given by Article 2(2) of the 2003 Order;

  • “independent clinic” has 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 (NI 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 the meaning given by Article 49(1) of the 1995 Order;

  • “voluntary home” has the meaning given by Article 74(1) of the 1995 Order.