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;
(d)any form of treatment or therapy provided for a child;
(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), (c) and (d) 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;
(d)treatment or therapy provided for a child in the course of his employment.
(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.
(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.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.