Textual Amendments
F1Sch. 2 para. 7(1)-(3E) substituted for Sch. 2 para. 7(1)-(3) (10.8.2012 for specified purposes, 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 3(2); S.I. 2012/2075, art. 2(b); S.I. 2012/2234, art. 2(z)(i)
2.—(1) The activities referred to in paragraph 1(1) are—N.I.
(a)any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;
(b)any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children;
(c)any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;
(f)driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.
(2) Sub-paragraph (1)(a), (b), [F3and (c) ] do not include—
(a)teaching, training or instruction provided to a child in the course of his employment;
(b)care for or supervision of a child in the course of his employment;
(c)advice or guidance provided for a child in the course of his employment;
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Sub-paragraph (2) does not apply if—
(a)the child has not attained the age of 16, and
(b)the activity is carried out by a person in respect of whom arrangements exist principally for that purpose.
[F5(3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3B) Sub-paragraph (1)(b)—
(a)does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
(b)does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3C) The references in sub-paragraphs (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
(3D) Sub-paragraph (1)(c) does not include any legal advice.]
(4) For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to—
(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.
(5) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—
(a)access to the content of the matter;
(b)contact with users of the service.
(6) In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.
Textual Amendments
F2Sch. 2 para. 2(1)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 1(7)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)
F3Words in Sch. 2 para. 2(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 1(7)(b)(i); S.I. 2012/2234, art. 2(z)(i)
F4Sch. 2 para. 2(2)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 1(7)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)
F5Sch. 2 para. 2(3A)-(3D) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 1(7)(c); S.I. 2012/2234, art. 2(z)(i)
Commencement Information
I1Sch. 2 para. 2 wholly in operation; Sch. 2 para. 2 not in operation at date of making see art. 1(3); Sch. 2 para. 2 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(c); Sch. 2 para. 2(1)(f) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(w); Sch. 2 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(b)