For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.
This subsection applies if—
B is accommodated and cared for in a care home, community home, voluntary home , children's home, or premises in Wales at which a secure accommodation service is provided, and
A has functions to perform ... in the course of employment in the home or the premises which have brought him or are likely to bring him into regular face to face contact with B.
This subsection applies if B is a patient for whom services are provided—
by a National Health Service body or an independent medical agency;
in an independent hospital; or
in Wales, in an independent clinic,
and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.
This subsection applies if A—
is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B's mental disorder, and
as such, has had or is likely to have regular face to face contact with B.
In this section—
In subsection (5), in the definition of "independent medical agency", "undertaking" includes any business or profession and—
in relation to a public or local authority, includes the exercise of any functions of that authority; and
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.