PART 2Protection of vulnerable groups

Regulated roles

75Meaning of “protected adult”

1

Section 94 (meaning of “protected adult”) of the PVG Act is amended as follows.

2

In subsection (1) for the words from “an individual” to the end of that subsection substitute

a

an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—

i

has an impaired ability to protect themself from physical or psychological harm, or

ii

requires assistance with the activities of daily living,

b

in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—

i

is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or

ii

has experienced, is experiencing or is at risk of experiencing domestic abuse,

c

in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or

d

in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—

i

a prescribed support service,

ii

a prescribed adult placement service,

iii

a prescribed care home service,

iv

a prescribed housing support service,

v

a prescribed community care service, or

vi

a prescribed welfare service.

3

After subsection (2) insert—

2A

In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—

a

is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and

b

involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.

2B

For the purposes of subsection (2A), a person is a partner of another person if they are—

a

married to each other,

b

civil partners of each other,

c

living with each other as if they were married to each other, or

d

otherwise in an intimate relationship with each other,

and the references to ex-partners are to be construed accordingly.

4

In subsection (3)—

a

in paragraph (a), for “paragraph (a) of subsection (1)” substitute “sub-paragraphs (i) to (iv) of subsection (1)(d)”,

b

paragraphs (b) and (c) are repealed.

5

In subsection (4)—

a

after “In” insert “sub-paragraph (v) of”,

b

the definition of “direct payment” is repealed.

6

In subsection (5), for “subsection (1)(d)” substitute “sub-paragraph (vi) of subsection (1)(d)”.