Part 1Sexual Offences
Abuse of position of trust
21Positions of trust
F11
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
b
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
F5in Wales, an independent clinic,
c
a care home, F6...
d
a community home, voluntary home or children’s home, F7or
e
a home provided under section 82(5) of the Children Act 1989, F8...
F9f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25g
a place in Wales at which a care home 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.
F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F11b
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
F12b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F13... 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—
F24aa
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,
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F15or 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), F18...
c
F17d
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.