9A

The exercise of a function so far as the function—

a

relates to any of the matters mentioned in sub-paragraph (9B),

b

gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and

c

is not a function which falls within sub-paragraph (9C),

is a regulated activity relating to children.

9B

The matters in this sub-paragraph are—

a

an inspection under section 10B of the Employment and Training Act 19732 (inspection of careers services in England);

b

the exercise of a power under section 79U(3) of the Children Act 19893 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);

c

any step taken for the purposes of section 87(3) of that Act4 (welfare of children in boarding schools and colleges);

d

an inspection under section 87(6) of that Act (inspection of boarding school or college);

e

any step taken by a person appointed under section 87A(1) of that Act5 (appointment as an inspector of boarding schools and colleges)—

i

for the purposes of an agreement made in accordance with section 87A(2) of that Act, or

ii

in order to comply with any requirement imposed on the person under section 87B of that Act6;

f

an inspection under section 18B or 18C of the Education Act 19947 (inspection of teacher training);

g

an inspection under section 38 of the Education Act 19978 (inspection of local education authorities in Wales);

h

an inspection under section 31 of the Care Standards Act 20009 (inspections of establishments and agencies or the inspection of premises suspected as being used as an establishment or agency) of a residential family centre, a fostering agency, a voluntary adoption agency or an adoption support agency (each of which has the meaning given in section 4 of that Act10);

i

an inspection under Part 4 of the Learning and Skills Act 200011 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);

j

a review or investigation under section 94 of the Health and Social Care (Community Health and Standards) Act 200312 (review or investigation of the discharge of social services functions by local authorities in Wales);

k

a review or investigation under section 94 of that Act as applied by section 30 of the Children Act 200413 (review or investigation of the functions of children’s services authorities in Wales);

l

an inspection under section 28 of the Education Act 200514 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);

m

an inspection under section 48 or 50 of that Act15 (inspection of religious education);

n

an inspection under section 51 of that Act16 (power of local education authorities to inspect maintained school for specific purpose);

o

an inspection under section 55 of that Act17 (inspection of careers services in Wales);

p

the exercise of a power under section 77(4) of the Childcare Act 200618 (powers of inspection etc on entry onto premises in accordance with section 77 of that Act);

q

an inspection under section 118, 124, 125, 126 or 128 of the Education and Inspections Act 200619 (inspection of further education and training etc);

r

an inspection under section 136 or a review under section 138 of that Act20 (inspections and annual reviews of local authorities in England);

s

an inspection under section 143 of that Act (inspection of the functions of the Children and Family Court Advisory and Support Service);

t

an inspection under section 146 of that Act (inspection of secure training centres).

9C

The exercise of a function to which sub-paragraph (10)21 applies so far as the function—

a

relates to the inspection of an establishment mentioned in paragraph 3(1)22, and

b

gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.

11

The exercise of a function of the Welsh Ministers so far as the function—

a

relates to the inspection of an establishment, agency or body falling within sub-paragraph (12), and

b

gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.

• (12A) Accessing a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004 (information databases) is a regulated activity relating to children.

a

relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 200825 and involves the provision of any form of treatment or therapy for children, and

b

gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,