http://www.legislation.gov.uk/ukpga/2003/42/section/21/2012-11-25Sexual Offences Act 2003An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.texttext/xmlenStatute Law Database2026-02-06Expert Participation2012-11-25 Part 1 Sexual Offences<Emphasis>Abuse of position of trust</Emphasis>Positions of trust211For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—aany of the following subsections applies, orbany condition specified in an order made by the Secretary of State is met.2This 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.3This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—aaccommodation and maintenance are provided by an authority in accordance with section 22C(6) of the Children Act 1989 (c. 41) . . . , orbaccommodation is provided by a voluntary organisation under section 59(1) of that Act . . . ,and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.4This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—aa hospital,bin Wales, an independent clinic,ca care home, . . . da community home, voluntary home or children’s home, orea home provided under section 82(5) of the Children Act 1989, . . . f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and B is accommodated and cared for in that institution.5This 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.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—asections 8 to 10 of the Employment and Training Act 1973 (c. 50), orbsection 68, 70(1)(b) or 74 of the Education and Skills Act 2008,and, in that capacity, looks after B on an individual basis.8This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—ain the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), . . . b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 . . . on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).10This subsection applies if A is a personal adviser appointed for B under—asection 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, . . . b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and, in that capacity, looks after B on an individual basis.11This subsection applies if—aB is subject to a care order, a supervision order or an education supervision order, andbin 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.12This subsection applies if A—ais an officer of the Service or 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,bis appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), ...cis appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) . . . , or dis 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).13This subsection applies if—aB 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, andbA looks after B on an individual basis in pursuance of the requirements.Ss. 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. 2Words 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)Words 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. 2Words 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. 2Words 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)Words 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. 2Word 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. 2Word 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. 2S. 21(4)(f) 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)(d); S.R. 2008/510, art. 2S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g)S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2)Words in s. 21(12)(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(8); S.R. 2008/510, art. 2S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c)Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a)Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b)