Protection of Vulnerable Groups (Scotland) Act 2007

[F1 PART 1 S Preliminary

Textual Amendments

F1 Sch. 3 substituted (30.9.2024 but only for the purposes of making certain regulations, otherwise prosp.) 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.

Regulated roles with adults S

1 (1) A regulated role with adults 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) 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 protected adults.

(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 protected adults,

is to be treated as a regulated role with adults 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.

Exceptions to regulated roles with adults S

2 (1) A role which would be a regulated role with adults 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 adults if— S

(a) the activity is carried out in the course of a family relationship, or

(b) 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)(a) a family relationship includes a relationship between two persons who—

(a) live in the same household, and

(b) treat each other as though they were members of the same family.

(3) In sub-paragraph (1)(b)—

(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)(b) 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.

Definition of contact with protected adults S

3 (1) In paragraph 1(2)(b) “contact with protected adults”— S

(a) means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and

(b) includes physical contact with protected adults, written or verbal communication with protected adults, and exercising power or influence over protected adults.

(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

(b) includes physical contact with protected adults, written or verbal communication with protected adults, and 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.]