Part 1Sexual Offences

Abuse of position of trust

22Positions of trust: interpretation

F11

The following provisions apply for the purposes of section 21.

2

Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

3

A person (A) looks after another person (B) on an individual basis if—

a

A is regularly involved in caring for, training or supervising B, and

b

in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

4

A person receives education at an educational institution if—

a

he is registered or otherwise enrolled as a pupil or student at the institution, or

b

he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

5

In section 21—

  • “authority”—

    1. a

      in relation to England and Wales, means a local authority;

    2. b

      F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “care home” means an establishment F17in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14);

  • F15“care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);

  • “care order” has—

    1. a

      in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F3. . .

    2. b

      F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “children’s home” has—

    1. a

      in relation to England F13..., the meaning given by section 1 of the Care Standards Act 2000; F4. . .

    2. b

      F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “community home” has F14, in relation to England the meaning given by section 53 of the Children Act 1989;

  • “education supervision order” has—

    1. a

      in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F5. . .

    2. b

      F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F6“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;

  • “independent clinic” has—

    1. a

      F7. . . the meaning given by section 2 of the Care Standards Act 2000;

    2. b

      F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F18“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

  • “supervision order” has—

    1. a

      in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F10. . .

    2. b

      F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “voluntary home” has—

    1. a

      in relation to England F16. . . , the meaning given by section 60(3) of the Children Act 1989. F11. . .

    2. b

      F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126

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.