- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Protection of Vulnerable Groups (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(introduced by section 91)
1Regulated work with children is work in—S
(a)a position whose normal duties include carrying out an activity mentioned in Part 2,
(b)a position (other than a position mentioned in sub-paragraph (a)) whose normal duties include work in an establishment mentioned in Part 3,
(c)a position mentioned in Part 4, or
(d)a position whose normal duties include the day to day supervision or management of an individual doing regulated work with children by virtue of sub-paragraph (a) or (b).
2Work which would be regulated work with children by virtue of any of paragraphs 3 to 7 is not, despite those provisions, regulated work with children if—S
(a)the activity concerned is carried out in relation to children aged 16 or 17 in the course of the children's work, or
(b)in the case of the activities referred to in paragraphs 5 and 6, the activity is carried out in relation to children under the age of 16 in the course of the children's employment.
3Caring for children (except caring for children which is merely incidental to caring for individuals who are not children).S
4Teaching, instructing, training or supervising children (except teaching, instructing, or training children which is merely incidental to teaching, instructing, or training individuals who are not children).S
5Being in sole charge of children.S
6Contact with children—S
(a)under arrangements made by a responsible person, but
(b)in the absence of—
(i)a responsible person,
(ii)a person carrying out an activity mentioned in paragraph 3, 4 or 5, or
(iii)an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child's parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship.
“Responsible person” means, in relation to a child, any of the following persons—
(a)the child's parent or guardian,
(b)any person aged 18 or over with whom the child lives,
(c)the person in charge of any establishment mentioned in Part 3 in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person),
(d)a person who provides day care of children, within the meaning of section 2 of the 2001 Act,
(e)any person holding a position mentioned in Part 4, and
(f)any person holding a position in a children's charity, within the meaning of paragraph 27.
“Family relationship” and “personal relationship” have the meanings given in section 95.
7Providing advice or guidance to a child or to particular children which relates to physical or emotional well-being, education or training (except providing advice or guidance to a child or to particular children which is merely incidental to providing advice or guidance to individuals who are not children).S
8Moderating a public electronic interactive communication service which is intended for use wholly or mainly by children. A person moderates such a service if, for the purpose of protecting children, the person has any function relating to—S
(a)monitoring the content of matter which forms any part of the service,
(b)removing matter from, or preventing the addition of matter to, the service, or
(c)controlling access to, or use of, the service.
But a person only moderates such a service as mentioned in sub-paragraph (b) or (c) if the person has—
(i)access to the content of the matter, or
(ii)contact with users of the service.
9Providing, or working for an organisation which provides, a care home service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Care home service” has the same meaning as in the 2001 Act.S
10Providing, or working for an organisation which provides, an independent health care service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Independent health care service” has the same meaning as in the 2001 Act.S
11Work on any part of day care premises at times when children are being looked after in that part.“Day care premises” means premises at which day care of children, within the meaning of section 2 of the 2001 Act, is provided.S
12An institution which is exclusively or mainly for the detention of children.“Detention” means detention by virtue of an order of a court or under an enactment.S
13A hospital which is exclusively or mainly for the reception and treatment of children.“Hospital” has the meaning given by section 108(1) (interpretation) of the National Health Service (Scotland) Act 1978 (c. 29).S
15A further education institution.“Further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).S
Ministers may by order amend the definition of “further education institution” so as to include or exclude bodies listed in that schedule.
16A hostel used mainly by pupils attending a school or institution mentioned in paragraph 14 or 15 respectively.S
17A home which is exclusively or mainly for children and is provided by a council under—S
(a)section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 (c. 49), or
(b)section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
18Manager, or member of a governing body, body of trustees or other body responsible for the management, of a school, further education institution or hostel mentioned in paragraphs 14 to 16 (but not a member of a council).S
(a)a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,
(b)a sub-committee which discharges any functions of any such committee.
(a)a children's panel established by section 39(1) of the Children (Scotland) Act 1995 (c. 36),
(b)a Children's Panel Advisory Committee,
(c)a joint advisory committee established under paragraph 8(1) of Schedule 1 to that Act,
(d)a sub-committee which discharges any functions of any committee mentioned in sub-paragraph (b) or (c).
21Chief social work officer of a council.S
22Chief education officer (however called) of a council.S
23Commissioner for Children and Young People in Scotland.S
24Member of that Commissioner's staff.S
25Registrar of Independent Schools in Scotland.S
27Charity trustee of a children's charity.“Children's charity” means a charity whose—S
(a)workers normally include individuals doing regulated work with children (other than work which is regulated work with children by virtue only of this paragraph), or
(b)main purpose is to provide benefits for children.
An individual works for a charity if the individual works under any arrangements made by the charity (other than arrangements made for purposes which are incidental to the purposes for which the charity is established).
28Ministers may by order modify this schedule as they think appropriate.S
29An order under paragraph 28 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with children.S
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: