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Sexual Offences Act 2003 (c. 42) Part 1—Sexual Offences 22 Positions of trust: interpretation

(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”—
 * (a) in relation to England and Wales, means a local authority;
 * (b) in relation to Northern Ireland, has the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
 * “care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);
 * “care order” has—
 * (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41), and
 * (b) in relation to Northern Ireland, the same meaning as in the Children (Northern Ireland) Order 1995;
 * “children’s home” has—
 * (a) in relation to England and Wales, the meaning given by section 1 of the Care Standards Act 2000, and
 * (b) in relation to Northern Ireland, the meaning that would be given by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) (“the 2003 Order”) if in paragraph (4) of that Article sub-paragraphs (d), (f) and (g) were omitted;
 * “community home” has the meaning given by section 53 of the Children Act 1989;
 * “education supervision order” has—
 * (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989, and
 * (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995;
 * “hospital”—
 * (a) in relation to England and Wales, means a hospital within the meaning given by section 128(1) of the National Health Service Act 1977 (c. 49), or any other establishment which is a hospital