Protection of Vulnerable Groups (Scotland) Act 2007

[F1 PART 2 S Activities

Textual Amendments

F1 Sch. 2 substituted (30.9.2024 but only for the purposes of making certain regulations, otherwise prosp.) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 3 (with s. 96) (as amended by 2024 asp 5, s. 38(3), sch. para. 19(2); S.S.I. 2024/21, reg. 2(j)(ii) (with reg. 3)); S.S.I. 2024/242, reg. 2, sch.

Child protection S

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

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

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

7 S Having 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 training S

8 S Teaching, instructing or delivering training to children.

9 S Having 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.

10 S Holding 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.

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

Childcare S

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

Care, health and accommodation services S

13 S Practising as a registered medical practitioner.

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

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

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

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

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

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

20 S Being 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.

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

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

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

24 S Providing 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.

25 S Having 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 activities S

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

Sports activities S

27 S Coaching children in relation to sports or physical activity.

Religious activities S

28 S Providing religious activities or services for children.

Miscellaneous S

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

30 S Holding 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).

Interpretation S

31 S In 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 or young offenders institution 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.

32 S Ministers 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.]