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.
1(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.
2(1)A role which would be a regulated role with children by virtue of the carrying out of an activity mentioned in any of the paragraphs of Part 2 of this schedule is not, despite any of those provisions, a regulated role with children if—S
(a)the activity is carried out in relation to children in the course of the children's work (whether paid or unpaid work),
(b)the activity is carried out in the course of a family relationship, or
(c)the activity is carried out for an individual (“A”)—
(i)in the course of a personal relationship,
(ii)for no commercial consideration, and
(iii)for the benefit of A, a member of A's family or A's friend.
(2)In sub-paragraph (1)(b)—
(a)a family relationship does not include a relationship between a child and a foster carer in relation to the child,
(b)a family relationship includes a relationship between two persons who—
(i)live in the same household, and
(ii)treat each other as though they were members of the same family.
(3)In sub-paragraph (1)(c)—
(a)a personal relationship is a relationship between or among friends, and
(b)“benefit” does not include commercial benefit.
(4)For the purposes of sub-paragraphs (1)(c) and (3)(a), a friend of a member of an individual's family is to be regarded as being the individual's friend.
(5)Ministers may prescribe circumstances in which an activity is or is not to be treated for the purposes of this paragraph as being done in the course of a family or personal relationship.
3(1)In paragraph 1(2)(b)—S
“contact with children”—
means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and
[F2includes any of the following—
physical contact with children,
visual, written or verbal communication with children,
exercising power or influence over children,]
“unsupervised contact with children” means contact with children in the absence of—
a responsible person,
a person carrying out an activity mentioned in paragraph 4, 8 or 12 of Part 2 of this schedule, or
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—
the child's parent or guardian,
any person aged 18 or over with whom the child lives,
the person in charge of any of the following establishments in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person)—
secure accommodation for children,
a hospital which is used exclusively or mainly for the reception and treatment of children,
an educational institution,
a hostel,
a residential care setting,
a person who provides day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),
any person holding a position mentioned in sub-paragraph (2),
“family relationship” and “personal relationship” are to be construed in accordance with paragraph 2(2) to (4).
(2)The positions referred to in paragraph (e) of the definition of “responsible person” in sub-paragraph (1) are—
(a)a manager or member of a governing body, body of trustees or other body responsible for the management of an educational institution or a hostel (other than a member of a council),
(b)a member of—
(i)a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,
(ii)a sub-committee which discharges any functions of any such committee,
(c)a member of—
(i)the Children's Panel,
(ii)the Safeguarders Panel,
(iii)Children's Hearings Scotland,
(iv)staff of Children's Hearings Scotland,
(v)an area support team,
(vi)the Scottish Children's Reporter Administration,
(vii)staff of the Scottish Children's Reporter Administration,
(d)the National Convener of Children's Hearings Scotland,
(e)the Principal Reporter,
(f)the chief social work officer of a council,
(g)the Chief Education Officer of an education authority,
(h)the Commissioner for Children and Young People in Scotland,
(i)a member of staff of the Commissioner for Children and Young People in Scotland,
(j)the Registrar of Independent Schools in Scotland,
(k)a foster carer,
(l)a charity trustee of a children's charity,
(m)a person holding another position in a children's charity.
(3)In paragraph 1(3), “contact with children”—
(a)means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and
(b)[F3includes any of the following—
(i)physical contact with children,
(ii)visual, written or verbal communication with children,
(iii)exercising power or influence over children.]
(4)For the purpose of paragraph (b) of the definitions of “contact with children” in each of sub-paragraphs (1) and (3), “exercising power or influence over children” means—
(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular child,
(b)making decisions of an operational or strategic nature that could have an impact on a number of children, or
(c)persuading or putting pressure on a particular child to behave or act in a certain manner for the financial gain or personal gratification of a person other than the child.]
Textual Amendments
F2Words in sch. 2 para. 3(1) substituted (1.4.2025) by The Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025 (S.S.I. 2025/76), regs. 1(1), 2(2)(a); S.S.I. 2025/27, reg. 3(1)(2), sch.