Sexual Offences Act 2003

42 Care workers: interpretation E+W

(1) For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.

(2) This subsection applies if—

(a) B is accommodated and cared for in a care home, community home, voluntary home [F1 , children’s home, or premises in Wales at which a secure accommodation service is provided], and

(b) A has functions to perform F2 ... in the course of employment [F3 in the home or the premises] which have brought him or are likely to bring him into regular face to face contact with B.

[F4 (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.]

(4) This subsection applies if A—

(a) is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and

(b) as such, has had or is likely to have regular face to face contact with B.

(5) In this section—

• [F5 “care home” means—

  (a)

  an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and

  (b)

  a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;]

• [F6 “children’s home”—

  (a)

  has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and

  (b)

  means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18;]

• “community home” has the meaning given by section 53 of the Children Act 1989 (c. 41);

• “employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;

• [F7 “independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;

• “independent hospital”—

  (a)

  in England, means—

  (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

  (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

  (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;]

• “National Health Service body” means—

  (a)

  a [F8 Local Health Board],

  (b)

  a National Health Service trust,

  (ba)

  [F9 the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

  (bb)

  a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,]

  (c)

  F10 ...

  (d)

  a Special Health Authority;

• [F11 “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;]

• “voluntary home” has the meaning given by section 60(3) of the Children Act 1989.

[F12 (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.]

Textual Amendments

F1 Words in s. 42(2)(a) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(a)

F2 Words in s. 42(2)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(i)

F3 Words in s. 42(2)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(ii)

F4 S. 42(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(a)

F5 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(i)

F6 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(ii)

F7 S. 42(5): definitions of "independent clinic", "independent hospital" and "independent medical emergency" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(b)

F8 S. 42(5): words in definition of "National Health Service body" substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 33

F9 S. 42(5) definition of “National Health Service body” paras. (ba), (bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 S. 42(5) definition of “National Health Service body” para. (c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 Words in s. 42(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(iii)

F12 S. 42(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(c)