Protection of Vulnerable Groups (Scotland) Act 2007

95 Meaning of “work”

(1) In this Act “work” means work of any kind and, in particular, includes—

(a) paid and unpaid work,

(b) work under a contract (for example: under a contract of service or apprenticeship or under a contract for services),

(c) carrying out the functions of any office established by virtue of an enactment,

(d) being a foster carer, and

(e) caring for, or supervising, individuals participating in any organised activity,

and references to a “worker” and to “working” are to be construed accordingly.

(2) Despite the generality of subsection (1), “work” does not include work falling within subsection (3) or (4).

(3) Work falls within this subsection if it is done for an individual (“A”)—

(a) in the course of a family relationship, and

(b) for the benefit of A or a member of A’s family.

(4) Work falls within this subsection if it is done for an individual (“B”)—

(a) in the course of a personal relationship,

(b) for no commercial consideration, and

(c) for the benefit of B, a member of B’s family or B’s friend.

(5) A family relationship includes a relationship between two individuals who—

(a) live in the same household, and

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

(6) A personal relationship is a relationship between or among friends.

(7) Any friend of a member of an individual’s family is to be regarded as being the individual’s friend.

(8) “Benefit” does not include commercial benefit.

(9) Ministers may prescribe circumstances in which work either is or is not to be treated for the purposes of this Act as being done in the course of a family or personal relationship.