Sexual Offences (Amendment) Bill

Sexual Offences (Amendment) Bill - continued	House of Commons

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Meaning of "position of trust".

4. - (1) For the purposes of section 3 above, a person aged 18 or over ("A") is in a position of trust in relation to a person under that age ("B") if any of the four conditions set out below, or any condition specified in an order made by the Secretary of State by statutory instrument, is fulfilled.

(2) The first condition is that A looks after persons under 18 who are detained in an institution by virtue of an order of a court or under an enactment, and B is so detained in that institution.

(3) The second condition is that A looks after persons under 18 who are resident in a home or other place in which-

(a) accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 or Article 27(2) of the Children (Northern Ireland) Order 1995;

(b) accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or

and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.

(4) The third condition is that A looks after persons under 18 who are accommodated and cared for in an institution which is-

(a) a hospital;

(b) a residential care home, nursing home, mental nursing home or private hospital;

(d) a home provided under section 82(5) of the Children Act 1989,

and B is accommodated and cared for in that institution.

(5) The fourth condition is that A looks after persons under 18 who are receiving full-time education at an educational institution, and B is receiving such education at that institution.

(6) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(7) A person looks after persons under 18 for the purposes of this section if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

(8) For the purposes of this section a person receives full-time education at an educational institution if-

(a) he is registered or otherwise enrolled as a full-time 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.

(9) In this section, except where the context otherwise requires-

"authority" means-

(a) in relation to Great Britain, a local authority; and

(b) in relation to Northern Ireland, an authority within the meaning given by Article 2(2) of the Children (Northern Ireland) Order 1995;

"children's home" has-

(a) in relation to England and Wales, the meaning which would be given by subsection (3) of section 63 of the Children Act 1989 if the reference in paragraph (a) of that subsection to more than three children were a reference to one or more children; and

(b) in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, paragraphs (f) and (g) and the words after paragraph (h) were omitted;

"community home" has the meaning given by section 53(1) of the Children Act 1989;

"hospital" has-

(a) in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 1977;

(b) in relation to Scotland, the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978; and

(c) in relation to Northern Ireland, the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;

"mental nursing home" has, in relation to England and Wales, the meaning given by section 22(1) of the Registered Homes Act 1984;

"nursing home"-

(a) in relation to England and Wales, has the meaning given by section 21(1) of the Registered Homes Act 1984;

(b) in relation to Scotland, means a nursing home registered under section 1 of the Nursing Homes Registration (Scotland) Act 1938; and

(c) in relation to Northern Ireland, has the meaning given by Article 16(1) of the Registered Homes (Northern Ireland) Order 1992;

"private hospital" has-

(a) in relation to Scotland, the meaning given by section 12(2) of the Mental Health (Scotland) Act 1984; and

(b) in relation to Northern Ireland, the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986;

"residential care home"-

(a) in relation to England and Wales, has the meaning given by section 1(2) of the Registered Homes Act 1984;

(b) in relation to Scotland, means an establishment in respect of which a person is registered under section 62 or 63 of the Social Work (Scotland) Act 1968; and

(c) in relation to Northern Ireland, has the meaning given by Article 3(1) of the Registered Homes (Northern Ireland) Order 1992;

"residential establishment" has the meaning given by section 93(1) of the Children (Scotland) Act 1995 as the meaning of that expression in relation to a place in Scotland;

"voluntary home" has-

(a) in relation to England and Wales, the meaning given by section 60(3) of the Children Act 1989; and

(b) in relation to Northern Ireland, the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995.

Notification requirements for offenders under section 3.

5. - (1) Schedule 1 to the Sex Offenders Act 1997 (sexual offences to which Part I applies) shall be amended as follows.

(2) In paragraph 1 (offences under the law of England and Wales)-

(a) in sub-paragraph (1), the word "and" immediately following paragraph (e) shall be omitted and after paragraph (f) there shall be inserted-

"(g) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust)."; and

(b) in sub-paragraph (2)(a), for the words "paragraph (a)(iii), (v) and (vi) does not" there shall be substituted the words "paragraphs (a)(iii), (v) and (vi) and (g) do not".

(3) In paragraph 2 (offences under the law of Scotland)-

(a) in sub-paragraph (1), after paragraph (d) there shall be inserted-

"(e) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust)."; and

(b) in sub-paragraph (2), the word "and" immediately before paragraph (f) shall be omitted and after that paragraph there shall be inserted-

"(g) paragraph (e) does not apply where the offender was under 20.".

(4) In paragraph 3 (offences under the law of Northern Ireland)-

(a) in sub-paragraph (1), the word "and" immediately following paragraph (i) shall be omitted and after paragraph (j) there shall be inserted-

"(k) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust)."; and

(b) in sub-paragraph (2)(a), for the words "and (d)" there shall be substituted the words ", (d) and (k)".

Meaning of "sexual offence" for the purposes of certain enactments.

6. - (1) In subsection (1) of section 31 of the Criminal Justice Act 1991 (interpretation of Part I), in the definition of "sexual offence"-

(a) after paragraph (f) there shall be inserted-

"(fa) an offence under section 3 of the Sexual Offences (Amendment) Act 2000;" and

(b) in paragraph (g), for "(f)" there shall be substituted "(fa)".

(2) In subsection (10) of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences for sex and violent offenders), in the definition of "sexual offence" the word "and" immediately before paragraph (xix) shall be omitted and after that paragraph there shall be inserted "and

(xx) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).".

Short title, construction, commencement and extent.

7. - (1) This Act may be cited as the Sexual Offences (Amendment) Act 2000.

(2) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

(3) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

(4) This Act extends to Northern Ireland.

Prepared 28 January 2000