PART 2

Protection of vulnerable groups

Regulated roles

Meaning of “protected adult”
75
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)”.