The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010

Citation and commencement

1.  This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 and comes into force on the same day as section 91 (regulated work) of the Protection of Vulnerable Groups (Scotland) Act 2007.

Modification of schedule 2 to the Protection of Vulnerable Groups (Scotland) Act 2007

2.  Schedule 2 (regulated work with children) to the Protection of Vulnerable Groups (Scotland) Act 2007 is modified in accordance with articles 3 to 8.

3.  For paragraph 1(b) substitute—

“(b) a position—

(i) which is not a position mentioned in sub-paragraph (a),

(ii) whose normal duties include work in an establishment mentioned in Part 3, and

(iii) which gives the holder of the position, when doing anything permitted or required in connection with the position, the opportunity to have unsupervised contact with children,”.

4.  After paragraph 1 insert—

“Definitions in relation to unsupervised contact with children

1A.   In this schedule—

“unsupervised contact with children” means contact with children in the absence of—

(a)

a responsible person,

(b)

a person carrying out an activity mentioned in paragraph 3, 4 or 5, or

(c)

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.”.

5.  After paragraph 2 insert—

“Application of sections 35 and 36 to host parenting

2A.   Work which—

(a) consists of being a host parent (see paragraph 11A), but

(b) does not include carrying out any other activity mentioned in Part 2 otherwise than in connection with being a host parent,

is not regulated work with children for the purposes of sections 35 and 36.”.

6.  For paragraph 6 substitute—

“Unsupervised contact with children under arrangements made by a responsible person.”.

7.  After paragraph 11 insert—

“Being a host parent

11A.   Being a host parent.

A “host parent” is a person—

(a) who provides overnight accommodation for, or otherwise looks after, a child (as if the child were part of that person’s family) in connection with an organised activity in which the child is participating, but

(b) who is not responsible for looking after the child when the child is participating in that activity.”.

8.  For paragraph 27 substitute—

“Charity trustee of a children’s charity.

“Children’s charity” means a charity whose—

(a)

main purpose is to provide benefits for children, and

(b)

principal means of delivery of those benefits is by its workers doing regulated work with children.

An individual works for a charity if the individual works under any arrangements made by the charity.”.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th June 2010