Chwilio Deddfwriaeth

Disclosure (Scotland) Act 2020

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Newidiadau dros amser i: SCHEDULE 3

 Help about opening options

Alternative versions:

Statws

This version of this schedule contains provisions that are prospective. Help about Status

Close

Statws

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Newidiadau i ddeddfwriaeth:

Ar hyn o bryd nid oes unrhyw effeithiau heb eu gweithredu yn hysbys ar gyfer y Disclosure (Scotland) Act 2020, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

SCHEDULE 3SSchedule to be substituted for Schedule 2 of the PVG Act

(introduced by section 74)

This schedule has no associated Nodiadau Esboniadol

SCHEDULE 2SRegulated roles with children

(introduced by section 91(2))

PART 1 SPreliminary
Regulated roles with childrenS

1(1)A regulated role with children is a role of any description which—

(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)in the case of—

(i)activities mentioned in paragraph 21 of Part 2 of this schedule, 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 unsupervised contact with children,

(ii)other activities mentioned in Part 2 of this schedule, 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 children.

(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 children,

is to be treated as a regulated role with children 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 childrenS

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

(a)the activity is carried out in relation to children in the course of the children's work (whether paid or unpaid work),

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

(c)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)(b)—

(a)a family relationship does not include a relationship between a child and a foster carer in relation to the child,

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

(i)live in the same household, and

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

(3)In sub-paragraph (1)(c)—

(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)(c) 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.

Definitions in relation to contact with childrenS

3(1)In paragraph 1(2)(b)—

  • “contact with children”—

    (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 children, written or verbal communication with children, and exercising power or influence over children,

  • unsupervised contact with children” means contact with children in the absence of—

    (a)

    a responsible person,

    (b)

    a person carrying out an activity mentioned in paragraph 4, 8 or 12 of Part 2 of this schedule, or

    (c)

    an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child's parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship,

  • responsible person” means, in relation to a child, any of the following persons—

    (a)

    the child's parent or guardian,

    (b)

    any person aged 18 or over with whom the child lives,

    (c)

    the person in charge of any of the following establishments in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person)—

    (i)

    secure accommodation for children,

    (ii)

    a hospital which is used exclusively or mainly for the reception and treatment of children,

    (iii)

    an educational institution,

    (iv)

    a hostel,

    (v)

    a residential care setting,

    (d)

    a person who provides day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),

    (e)

    any person holding a position mentioned in sub-paragraph (2),

  • “family relationship” and “personal relationship” are to be construed in accordance with paragraph 2(2) to (4).

(2)The positions referred to in paragraph (e) of the definition of “responsible person” in sub-paragraph (1) are—

(a)a manager or member of a governing body, body of trustees or other body responsible for the management of an educational institution or a hostel (other than a member of a council),

(b)a member of—

(i)a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,

(ii)a sub-committee which discharges any functions of any such committee,

(c)a member of—

(i)the Children's Panel,

(ii)the Safeguarders Panel,

(iii)Children's Hearings Scotland,

(iv)staff of Children's Hearings Scotland,

(v)an area support team,

(vi)the Scottish Children's Reporter Administration,

(vii)staff of the Scottish Children's Reporter Administration,

(d)the National Convener of Children's Hearings Scotland,

(e)the Principal Reporter,

(f)the chief social work officer of a council,

(g)the Chief Education Officer of an education authority,

(h)the Commissioner for Children and Young People in Scotland,

(i)a member of staff of the Commissioner for Children and Young People in Scotland,

(j)the Registrar of Independent Schools in Scotland,

(k)a foster carer,

(l)a charity trustee of a children's charity,

(m)a person holding another position in a children's charity.

(3)In paragraph 1(3), “contact with children”—

(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 children, written or verbal communication with children, and exercising power or influence over children.

(4)For the purpose of paragraph (b) of the definitions of “contact with children” in each of sub-paragraphs (1) and (3), “exercising power or influence over children” means—

(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular child,

(b)making decisions of an operational or strategic nature that could have an impact on a number of children, or

(c)persuading or putting pressure on a particular child to behave or act in a certain manner for the financial gain or personal gratification of a person other than the child.

PART 2 SActivities
Child protectionS

4Acting as a foster carer in relation to the child.

5Making decisions in relation to a child's care arrangements where a council has facilitated the child's care arrangements.

6Having responsibility for the safety and welfare of a child, other than acting as a foster carer in relation to the child.

7Having the ability to directly influence decisions about the safety or welfare of a child, other than in the capacity of an elected representative or as the holder of a judicial office.

Education and trainingS

8Teaching, instructing or delivering training to children.

9Having the ability to directly influence the operational delivery of education services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

10Holding power or influence over a child for the purpose of—

(a)an activity in which the child is taking part or seeking to take part in,

(b)arranging the future recruitment, training or employment of the child.

11Providing advice or guidance to children in relation to career development or education.

ChildcareS

12Being in charge of or caring for children, other than acting as a foster carer.

Care, health and accommodation servicesS

13Practising as a registered medical practitioner.

14Practising as a registered nurse, midwife or health visitor.

15Practising as a chiropractor pursuant to registration with the General Chiropractic Council.

16Practising as a dentist pursuant to registration with the General Dental Council.

17Practising as an optician pursuant to registration with the General Optical Council.

18Practising as an osteopath pursuant to registration with the General Osteopathic Council.

19Practising as a pharmacist pursuant to registration with the General Pharmaceutical Council.

20Being 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 children in an educational institution, hospital, day care premises, hospice, hostel, residential care setting or secure accommodation for children.

21Carrying out an activity in an educational institution, hospital, nursery, day care premises, hospice, residential care setting or secure accommodation for children.

22Providing a care home service or an independent healthcare service which is provided exclusively or mainly for children.

23Being engaged by or on behalf of a child with an illness or disability to provide personal care services.

24Providing counselling, therapy or advice or guidance in relation to health or wellbeing to children, other than where such counselling, therapy, advice or guidance is provided in a prison by a prisoner to another prisoner.

25Having the ability to directly influence the operational delivery of medical or care services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

Leisure activitiesS

26Providing cultural, leisure, social or recreational activities for children.

Sports activitiesS

27Coaching children in relation to sports or physical activity.

Religious activitiesS

28Providing religious activities or services for children.

MiscellaneousS

29Driving or escorting children in connection with transport services provided exclusively or mainly for children.

30Holding a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).

InterpretationS

31In this schedule—

  • care home service” has the same meaning as in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

  • children's charity” means a charity whose—

    (a)

    main purpose is to provide benefits for children, and

    (b)

    principal means of delivery of those benefits is by its staff carrying out regulated roles with children,

  • day care premises” means premises at which day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010) is provided,

  • educational institution” means a school or further education institution,

  • elected representative” means—

    (a)

    a member of the House of Commons,

    (b)

    a member of the Scottish Parliament,

  • further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 of the Further and Higher Education (Scotland) Act 2005 or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,

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

  • hostel” means a hostel used mainly by pupils attending an educational institution,

  • independent health care service” has the same meaning as in section 10F 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, young offenders institution or remand centre 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,

  • residential care setting” means a home that—

    (a)

    is provided exclusively or mainly for children, and

    (b)

    is—

    (i)

    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

    (ii)

    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,

  • secure accommodation for children” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children.

32Ministers may by regulations amend the definition of “further education institution” in paragraph 31 so as to include or exclude bodies listed in schedule 2 of the Further and Higher Education (Scotland) Act 2005.

PART 3 SGeneral
Power to amend scheduleS

33Ministers may by regulations modify this schedule as they think appropriate.

34Regulations under paragraph 33 may disapply or otherwise modify the application of sections 34 to 37 and sections 45C to 45G in relation to particular kinds of regulated roles with children..

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill