Textual Amendments
F1Sch. 3 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. 4 (with s. 96) (as amended by 2024 asp 5, s. 38(3), sch. para. 19(3); 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.
3[F2(1)In paragraph 1(2)(b)—S
“contact with protected adults”—
means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and
includes any of the following—
physical contact with protected adults,
visual, written or verbal communication with protected adults,
exercising power or influence over protected adults,
“unsupervised contact with protected adults” means contact with protected adults in the absence of a person carrying out an activity mentioned in paragraphs 14, 14A, 14B or 18 of Part 2 of this schedule.]
(2)In paragraph 1(3)(b) “contact with protected adults”—
(a)means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and
[F3(b)includes any of the following—
(i)physical contact with protected adults,
(ii)visual, written or verbal communication with protected adults,
(iii)exercising power or influence over protected adults.]
(3)For the purpose of paragraph (b) of the definitions of “contact with protected adults” in each of sub-paragraphs (1) and (2), “exercising power or influence over protected adults” means—
(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular protected adult,
(b)making decisions of an operational or strategic nature that could have an impact on a number of protected adults, or
(c)persuading or putting pressure on a particular protected adult to behave or act in a certain manner for the financial gain or personal gratification of a person other than the protected adult.]
Textual Amendments