[F11(1)A regulated role with children is a role of any description which—S
(a)involves the carrying out of one or more activities mentioned in Part 2 of this schedule, and
(b)satisfies the conditions mentioned in sub-paragraph (2).
(2)The conditions are—
(a)the activities are carried out—
(i)as a necessary part of the role, and
(ii)in Scotland, and
(b)in the case of—
(i)activities mentioned in paragraph 21 of Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have unsupervised contact with children,
(ii)other activities mentioned in Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with children.
(3)A role—
(a)the normal duties of which include the day-to-day supervision or management of an individual carrying out a regulated role by virtue of sub-paragraph (1), or
(b)which involves training or studying in Scotland to carry out one or more activities mentioned in Part 2 of this schedule and which gives the individual undertaking the training or study, when doing anything permitted or required in connection with undertaking the training or study, the opportunity to have contact with children,
is to be treated as a regulated role with children for the purposes of sub-paragraph (1).
(4)For the purposes of sub-paragraph (2)(a)(ii), where—
(a)an activity is carried out outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,
(b)the activity is carried out for—
(i)an organisation with a place of business in Scotland, or
(ii)a personnel supplier with a place of business in Scotland, and
(c)the organisation's or personnel supplier's functions in relation to the carrying out of the activity by the individual are principally exercised at that place of business,
the activity is to be treated as if it were carried out in Scotland.
(5)For the purposes of sub-paragraph (3)(b), where—
(a)training or study is undertaken outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,
(b)the person with principal responsibility for the provision of the training or course of study is—
(i)an organisation with a place of business in Scotland, or
(ii)a personnel supplier with a place of business in Scotland, and
(c)the organisation's or personnel supplier's functions in relation to the undertaking of the training or study by the individual are principally exercised at that place of business,
the training or study is to be treated as if it were undertaken in Scotland.]
Textual Amendments
F1Sch. 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. 3 (with s. 96) (as amended by 2024 asp 5, s. 38(3), sch. para. 19(2); S.S.I. 2024/21, reg. 2(j)(ii)( with reg. 3)); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.