Amendments of the Sexual Offences Act 200313

1

The Sexual Offences Act 200319 is amended as follows.

2

In section 21 (positions of trust)20, in subsection (4)(b), before “an independent clinic” insert “in Wales,”.

3

In section 22 (positions of trust: interpretation)21—

a

in subsection (5)—

i

for the definition of “hospital” substitute—

  • “hospital” means—

    1. 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

    2. b

      any other establishment—

      1. i

        in England, in which any of the services listed in subsection (6) are provided; and

      2. ii

        in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;

ii

in the definition of “independent clinic” omit “in relation to England and Wales,”; and

b

after subsection (5) add—

6

The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows—

a

medical treatment under anaesthesia or intravenously administered sedation;

b

dental treatment under general anaesthesia;

c

obstetric services and, in connection with childbirth, medical services;

d

termination of pregnancies;

e

cosmetic surgery, other than—

i

ear and body piercing;

ii

tattooing;

iii

the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

iv

the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

4

In section 42 (care workers: interpretation)22—

a

for subsection (3) substitute—

3

This subsection applies if B is a patient for whom services are provided—

a

by a National Health Service body or an independent medical agency;

b

in an independent hospital; or

c

in Wales, in an independent clinic,

and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.

b

in subsection (5), for the definitions of “independent clinic”, “independent hospital” and “independent medical agency” substitute—

  • “independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;

  • “independent hospital”—

    1. a

      in England, means—

      1. i

        a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or

      2. ii

        any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and

    2. b

      in Wales, has the meaning given by section 2 of the Care Standards Act 2000;

  • “independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;

c

after subsection (5) add—

6

In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and—

a

in relation to a public or local authority, includes the exercise of any functions of that authority; and

b

in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.