123.—(1) Without prejudice to Article 122, if—
(a)a man who is—
(i)an officer on the staff of, or is otherwise employed in, a hospital, private hospital or nursing home;
(ii)a member of the[F1 Board or a director of the HSS trust managing] a hospital, or
(iii)a person carrying on a private hospital or nursing home,
has unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder in that hospital or nursing home or has such intercourse on the premises of which the hospital or nursing home forms part with a woman who is for the time being receiving such treatment there as an out-patient; or
(b)a man who is—
(i)the guardian under this Order of a woman suffering from mental disorder or otherwise has such a woman in his custody or care under this Order or the [1972 NI 14] Health and Personal Social Services (Northern Ireland) Order 1972; or
(ii)a member of a Board[F1 or a director of an authorised HSS trust] which is the guardian of such a woman under this Order or otherwise has such a woman in its custody or care under this Order or the Order of 1972,
has unlawful sexual intercourse with that woman,
he shall, subject to paragraph (2), be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years.
(2) A person shall not be guilty of an offence under paragraph (1) if he proves that he did not know and had not any reason to suspect that the woman in respect of whom he is charged was suffering from mental disorder.
(3) In paragraph (1) any reference to having unlawful sexual intercourse with a woman shall include a reference to committing a homosexual act with or in relation to a man and in paragraph (2) the reference to “woman” shall include reference to “man”.
(4) In this Article—
“woman” includes a girl;
“man” includes a boy;
“homosexual act” means buggery with another man, an act of gross indecency with another man or the act of being a party to the commission by a man of such an act.