Explanatory Memorandum

Sexual Offences (Northern Ireland) Order 2008

2008 No. 1769

7.Policy Background

The Provisions

Part 4 – Sexual offences against a person with a mental disorder
Care workers for persons with a mental disorder
Section 55: Care workers: interpretation

7.119.This Article defines a relationship of care for the purposes of Articles 51 to 54. An example of a relationship covered by paragraph (2) is where A is a member of staff in a care home and B is a resident there. An example of a relationship covered by paragraph (3) is where A is a receptionist at the clinic that B attends every week. Paragraph (4) covers any situation where A provides care, assistance or services to B in connection with B's mental disorder. An example of a relationship covered by paragraph (4) is where A takes B on outings every week or treats B for his learning disability with complementary therapies in B's own home. In all cases, A must have, or be "likely to have", regular face to face contact with B. The "likely to have" limb is to cover persons who provide care to B in these situations from day one of their involvement with B.