Sexual Offences Act 2003

Changes over time for: Section 21

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Sexual Offences Act 2003, Section 21 is up to date with all changes known to be in force on or before 05 October 2023. 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.

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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
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)
Sch. 3 para. 92IB-92IE inserted by 2022 c. 19 (N.I.) s. 4(2)
Sch. 3 para. 92VA 92VB inserted by 2022 c. 19 (N.I.) Sch. 1 para. 4
Sch. 3 para. 92IA inserted by 2022 c. 19 (N.I.) Sch. 2 para. 8(b)

21Positions of trustE+W

This section has no associated Explanatory Notes

[F1(1)For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a)any of the following subsections applies, or

(b)any condition specified in an order made by the Secretary of State is met.

(2)This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.

(3)This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—

(a)accommodation and maintenance are provided by an authority [F2in accordance with section 22C(6)] of the Children Act 1989 (c. 41) [F3or section 81(6) of the Social Services and Well-being (Wales) Act 2014] F4..., or

(b)accommodation is provided by a voluntary organisation under section 59(1) of [F5the Children Act 1989] F6...,

and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.

(4)This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—

(a)a hospital,

(b)[F7in Wales,] an independent clinic,

(c)a care home, F8...

(d)a community home, voluntary home or children’s home, [F9or]

(e)a home provided under section 82(5) of the Children Act 1989, F10...

F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(g)a place in Wales at which a care home service is provided,]

[F13(h)premises in Wales at which a secure accommodation service is provided,]

and B is accommodated and cared for in that institution.

(5)This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.

F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—

(a)sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or

[F15(b)section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,]

and, in that capacity, looks after B on an individual basis.

(8)This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

(a)in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) [F16or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014], F17...

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F18... on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).

(10)This subsection applies if A is a personal adviser appointed for B under—

(a)section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, F19... [F20or]

[F21(aa)section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,]

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, in that capacity, looks after B on an individual basis.

(11)This subsection applies if—

(a)B is subject to a care order, a supervision order or an education supervision order, and

(b)in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.

(12)This subsection applies if A—

(a)is an officer of the Service [F22or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)] appointed for B under section 41(1) of the Children Act 1989,

(b)is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), F23...

(c)is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) F24..., [F25or]

[F26(d)is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),]

and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).

(13)This subsection applies if—

(a)B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and

(b)A looks after B on an individual basis in pursuance of the requirements.]

Textual Amendments

F1Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2

F2Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F3Words in s. 21(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(a)

F4Words in s. 21(3)(a) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(a); S.R. 2008/510, art. 2

F5Words in s. 21(3)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(b)

F6Words in s. 21(3)(b) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(b); S.R. 2008/510, art. 2

F7Words in s. 21(4)(b) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(2)

F8Words in s. 21(4)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(a); S.R. 2008/510, art. 2

F9Word in s. 21(4)(d) inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(b); S.R. 2008/510, art. 2

F10Word in s. 21(4)(e) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(c); S.R. 2008/510, art. 2