Part 1

Sexual Offences

Abuse of position of trust

Positions of trust: interpretation
22
1
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. in relation to England and Wales, means a local authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “
care home
” means an establishment
in England
which is a care home for the purposes of the Care Standards Act 2000 (c. 14);
- “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. in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “
children’s home
” has—
  1. in relation to England
..., the meaning given by section 1 of the Care Standards Act 2000;
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “
community home
” has
, in relation to England
the meaning given by section 53 of the Children Act 1989;
- “
education supervision order
” has—
  1. in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “
hospital
” means—
  1. 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. any other establishment—
    1. in England, in which any of the services listed in subsection (6) are provided; and
    2. in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;
- “
independent clinic
” has—
  1. . . . the meaning given by section 2 of the Care Standards Act 2000;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “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. in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “
voluntary home
” has—
  1. in relation to England
. . . , the meaning given by section 60(3) of the Children Act 1989.
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
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.
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. 2
S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a); S.R. 2008/510, art. 2
S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2
S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2
S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2
S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i)
S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii)
S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2
S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2
S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2
S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "voluntary home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(i); S.R. 2008/510, art. 2
S. 22(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/81), art. 13(3)(b)
Words in s. 22(5) 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), 22(c)
Words in s. 22(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), 22(d)
Words in s. 22(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), 22(b)
Words in s. 22(5) 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), 22(e)
Words in s. 22(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), 22(a)
Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25