Protection of Vulnerable Groups (Scotland) Act 2007

[F1 PART 2 S Activities

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.

Education, training and guidance S

4 S Teaching, instructing, training or supervising protected adults.

5 S Providing advice or guidance to a protected adult in relation to education, training or employability.

Care, health and accommodation services S

6 S Practising as a registered medical practitioner.

7 S Practising as a registered nurse, midwife or health visitor.

8 S Practising as a chiropractor pursuant to registration with the General Chiropractic Council.

9 S Practising as a dentist pursuant to registration with the General Dental Council.

10 S Practising as an optician pursuant to registration with the General Optical Council.

11 S Practising as an osteopath pursuant to registration with the General Osteopathic Council.

12 S Practising as a pharmacist pursuant to registration with the General Pharmaceutical Council.

13 S Being engaged in the provision of a domestic service (including cleaning, preparing food, acting as a caretaker of premises or carrying out maintenance of premises) that is provided for protected adults in a hospital, hospice, care home, day care centre or adult placement setting.

14 S Being in charge of protected adults.

15 S Being engaged by or on behalf of a protected adult to support the protected adult to live independently, including providing personal care services, food preparation or recreational services.

16 S Providing support to a protected adult under a shared lives scheme.

17 S Providing counselling, therapy or advice or guidance in relation to health or wellbeing to protected adults, other than where such counselling, therapy, advice or guidance is provided in a prison by a prisoner to another prisoner.

18 S Having the ability to directly influence the operational delivery of medical or care services for protected adults, other than in the capacity of an elected representative or as the holder of a judicial office.

Leisure activities S

19 S Providing cultural, leisure, social or recreational activities for protected adults.

Sports activities S

20 S Coaching protected adults in relation to sports or physical activity.

Religious activities S

21 S Providing religious activities or services for protected adults.

Miscellaneous S

22 S Driving or escorting protected adults in connection with transport services provided exclusively or mainly for use by protected adults.

23 S Holding a position of responsibility in an organisation whose main purpose is to provide benefits for or to protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).

Interpretation S

24 S In this schedule—

• “adult placement setting” means a residential establishment or accommodation occupied exclusively or mainly by individuals aged 18 or over which is—

  (a)

  provided by a council in exercise of its functions under section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 or section 25 (provision of care and support services by councils) of the Mental Health (Care and Treatment) (Scotland) Act 2003, or

  (b)

  provided or secured by a person to whom such a function is delegated by a council in pursuance of an integration scheme under section 1 or 2 (integration schemes) of the Public Bodies (Joint Working) (Scotland) Act 2014,

• “care home” means accommodation occupied exclusively or mainly by individuals aged 18 or over which is provided by an organisation carrying on a care home service (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),

• “elected representative” means—

  (a)

  a member of the House of Commons,

  (b)

  a member of the Scottish Parliament,

• “hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978,

• “judicial office” means—

  (a)

  the office of judge of any court,

  (b)

  the office of member of any tribunal,

  (c)

  any other office, or appointment, consisting of functions of a judicial nature,

• “prison” means a prison or young offenders institution that is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989 and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994,

• “prisoner” means a person committed to prison for trial, safe custody, punishment or otherwise,

• “shared lives agreement” means an agreement entered into between a person carrying on a shared lives scheme and an individual for the provision, by that individual, of personal care to a protected adult together with, where necessary, accommodation in the individual's home,

• “shared lives carer” means an individual who, under the terms of a shared lives agreement, provides, or intends to provide, personal care for protected adults together with, where necessary, accommodation in the individual's home,

• “shared lives scheme” means a scheme carried on (whether or not for profit) by a local authority or other person for the purposes of—

  (a)

  recruiting and training shared lives carers,

  (b)

  making arrangements for the placing of protected adults with shared lives carers, and

  (c)

  supporting and monitoring placements.]