Modification of regulated work

3.  In Part 1 of schedule 3 (regulated work with adults) to the Act—

(a)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,

(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 protected adults, and

(iv)where contact with protected adults, when the holder of the position is doing anything permitted or required in connection with the position, is more than incidental,; and

(b)at the end of paragraph 1, insert—

Unsupervised contact with protected adults” means contact with protected adults in the absence of an individual doing regulated work within the establishment where the contact takes place..