xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 6 SInterpretation

[F191Regulated rolesS

(1)A regulated role means a regulated role with children or adults.

(2)A regulated role with children has the meaning given in schedule 2.

(3)A regulated role with adults has the meaning given in schedule 3.

(4)In this Act, there are two types of regulated roles—

(a)regulated roles with children, and

(b)regulated roles with adults.

(5)References in this Act to types of regulated roles are to be construed accordingly.]

Textual Amendments

92[F2Individuals barred from regulated roles]S

(1)An individual is barred from regulated [F3roles] with children if the individual is—

(a)listed in the children's list,

(b)included in the children's barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c)included (otherwise than provisionally) in the list kept under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d)an individual falling within subsection (3).

(2)An individual is barred from regulated [F4roles] with adults if the individual is—

(a)listed in the adults' list,

(b)included in the adults' barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c)included (otherwise than provisionally) in the list kept under article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d)an individual falling within subsection (4).

(3)An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated [F5roles] with children by virtue of any of paragraphs (a) to (c) of subsection (1).

(4)An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated [F6roles] with adults by virtue of any of paragraphs (a) to (c) of subsection (2).

(5)Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the children's list for a list mentioned in subsection (1)(b) and (c).

(6)Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the adults' list for a list mentioned in subsection (2)(b) or (c).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 92(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I2S. 92(3)-(6) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I3S. 92(3)-(6) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

93Meaning of “harm”S

(1)For the purposes of this Act, an individual (“A”) harms another (“B”) if—

(a)A's conduct causes B physical harm,

(b)A's conduct causes B psychological harm (for example: by putting B in a state of fear, alarm or distress), or

(c)A engages in unlawful conduct which appropriates or adversely affects B's property, rights or interests (for example: theft, fraud, embezzlement or extortion),

and references to harm are to be construed accordingly.

(2)For the purposes of this Act, an individual (“C”) places another (“D”) at risk of harm if—

(a)C attempts to harm D,

(b)C incites another to harm D,

(c)C encourages D to self-harm, or

(d)C's conduct otherwise causes, or is likely to cause, D to be harmed,

and references to being placed at risk of harm are to be construed accordingly.

Commencement Information

I4S. 93 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

94Meaning of “protected adult”S

(1)For the purposes of this Act, a “protected adult” is—

[F7(a)an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—

(i)has an impaired ability to protect themself from physical or psychological harm, or

(ii)requires assistance with the activities of daily living,

(b)in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—

(i)is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or

(ii)has experienced, is experiencing or is at risk of experiencing domestic abuse,

(c)in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or

(d)in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—

(i)a prescribed support service,

(ii)a prescribed adult placement service,

(iii)a prescribed care home service,

(iv)a prescribed housing support service,

(v)a prescribed community care service, or

(vi)a prescribed welfare service.]

(2)Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.

[F8(2A)In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—

(a)is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and

(b)involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.

(2B)For the purposes of subsection (2A), a person is a partner of another person if they are—

(a)married to each other,

(b)civil partners of each other,

(c)living with each other as if they were married to each other, or

(d)otherwise in an intimate relationship with each other,

and the references to ex-partners are to be construed accordingly.]

(3)Expressions used in [F9—

(a)[F10sub-paragraphs (i) to (iv) of subsection (1)(d)] have the same meaning as in schedule 12 to the 2010 Act,

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In [F12sub-paragraph (v) of] [F13subsection (1)(d)]—

(5)In [F15sub-paragraph (vi) of subsection (1)(d)], “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.

Textual Amendments

F7Words in s. 94(1) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F8S. 94(2A)(2B) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F9Words in s. 94(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F10Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F11S. 94(3)(b)(c) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F12Words in s. 94(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F14Words in s. 94(4) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F15Words in s. 94(5) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(6), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F1695Meaning of “work”S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

96FosteringS

(1)For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

(a)with whom the child has been placed under section 26(1)(a) (placement by councils) of the Children (Scotland) Act 1995 (c. 36) F17...,

(b)who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the [F18Children (Scotland) Act 1995],

(c)who—

(i)maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c. 56), or

(ii)otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d)who looks after the child in pursuance of—

(i)a permanence order, or

(ii)a [F19 compulsory supervision order ].

(2)A foster carer is to be treated as [F20carrying out a regulated role with children] for—

(a)in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the [F21 Children (Scotland) Act 1995],

(b)in the case of a foster carer of the type described in subsection (1)(b) or (c), any person who—

(i)made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii)has power to terminate those arrangements,

(c)in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child's residence,

(d)in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3)Sections 34 to 37 [F22and sections 45C to 45F] do not apply in relation to [F23the carrying out of a regulated role] as a foster carer where the [F24role is carried out] in pursuance of —

(a)a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b)a [F25 compulsory supervision order ].

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)References in section 3 to dismissing an individual [F27carrying out a regulated role] are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(6)References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child's residence.

(7)References in this section to the council's right to regulate a child's residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8)In this section—

Textual Amendments

Commencement Information

I5S. 96 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

97General interpretationS

(1)In this Act—

(2)For the purposes of this Act, Ministers must assume that an individual is [F44carrying out a regulated role for an organisation if they—

(a)have made available, in respect of the individual—

(i)a confirmation of scheme membership under section 54,

(ii)a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies,

in relation to that regulated role,

(b)know that the confirmation of scheme membership or (as the case may be) the Level 2 disclosure was sought for the purpose of enabling or assisting the organisation to consider the scheme member's suitability to carry out that type of regulated role for the organisation (or to be offered such a role by the organisation), and

(c)have not been satisfied that the individual has not been engaged to carry out, or has stopped carrying out, that type of regulated role for the organisation.]

(3)References in this Act to Ministers considering whether to list an individual are to be read as references to Ministers considering whether to list an individual in the children's list, in the adults' list or, as the case may be, in both lists in pursuance of section 10, 11, 12 or 13.

(4)References in this Act to Ministers' vetting, barring and disclosure functions are references to their functions under Parts 1 and 2 of this Act and [F45Part 1 of the Disclosure (Scotland) Act 2020] (other than functions relating to the making of regulations and orders).

(5)References in this Act to relevant police forces, and to the chief officers of those forces, are to be read in the same way as they are read [F46for the purposes of section 49 of the Disclosure (Scotland) Act 2020].

(6)The words and other expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in that schedule.

Textual Amendments

F31Words in s. 97(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F32Words in s. 97(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F33Words in s. 97(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F34Words in s. 97(1) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 90(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F36Words in s. 97(1) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F39Words in s. 97(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F41Words in s. 97(1) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F44Words in s. 97(2) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F45Words in s. 97(4) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F46Words in s. 97(5) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(d) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I6S. 97(1) in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

I7S. 97(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)