SCHEDULES

SCHEDULE 4 E+WRegulated Activity

Part 1 E+WRegulated activity relating to children

Positions E+W

4 (1) The persons referred to in paragraph 1(9) are— E+W

(a) member of the governing body of an educational establishment mentioned in section 8(5);

(b) member of a relevant local government body;

(c) director of children's services of a local authority in England;

(d) director of adult social services of a local authority in England;

(e) director of social services of a local authority in Wales;

(f) chief education officer of a local authority in Wales;

(g) charity trustee of a children's charity;

(h) member of the Youth Justice Board for England and Wales;

(i) Children's Commissioner or deputy Children's Commissioner appointed under Part 1 of the Children Act 2004 (c. 31);

(j) Children's Commissioner for Wales or deputy Children's Commissioner for Wales;

(k) operator of a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004;

(l) member of a Local Safeguarding Children Board established under section 13 or 31 of that Act;

(m) member or chief executive of the Children and Family Court Advisory and Support Service;

(n) a deputy appointed in respect of a child under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

(o) member, chief executive or member of staff of IBB.

(2) For the purposes of sub-paragraph (1)(b), a person is a member of a relevant local government body if—

(a) he is a member of a local authority and discharges any education functions, or social services functions, of a local authority;

(b) he is a member of an executive of a local authority which discharges any such functions;

(c) he is a member of a committee of an executive of a local authority which discharges any such functions;

(d) he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.

(3) Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

(4) A charity is a children's charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children.

(5) An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

(6) For the purposes of sub-paragraph (1)(k), a person is the operator of a database if he—

(a) establishes or maintains the database, or

(b) otherwise, exercises any function in relation to the management or control of the database.

(7) In this paragraph—

• “area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);

• “charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);

• “education functions”, in relation to a local authority, means any functions with respect to education which are conferred on the authority in its capacity as a local education authority;

• “executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;

• “local authority” has the same meaning as in the Education Act 1996 (c. 56);

• “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Commencement Information

I1 Sch. 4 para. 4 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I2 Sch. 4 para. 4 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I3 Sch. 4 para. 4 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)