Protection of Vulnerable Groups (Scotland) Act 2007

SCHEDULE 3 S Regulated work with adults

(introduced by section 91)

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Part 1 S Preliminary

Prospective

Regulated work with adults S

1 S Regulated work with adults is [F1 work done in Scotland ] in—

(a) a position whose normal duties include carrying out an activity mentioned in Part 2,

[F2 (b) a position—

(i) which is not a position mentioned in sub-paragraph   (a),

(ii) whose normal duties include work in an establishment mentioned in Part   3,

(iii) which gives the holder of the position, when doing anything permitted or required in connection with the position, the opportunity to have unsupervised contact with protected adults, and

(iv) where contact with protected adults, when the holder of the position is doing anything permitted or required in connection with the position, is more than incidental,]

(c) a position mentioned in Part 4, or

(d) a position whose normal duties include the day to day supervision or management of an individual doing regulated work with adults by virtue of sub-paragraph (a) or (b).

[F3 " Unsupervised contact with protected adults ” means contact with protected adults in the absence of an individual doing regulated work within the establishment where the contact takes place. ]

Textual Amendments

F1 Words in Sch. 3 para. 1 substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 13

F2 Sch. 3 para. 1(b) substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 3(a)

F3 Words in Sch. 3 para. 1 inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 3(b)

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Part 2 S Activities

Caring for adults S

2 S Caring for protected adults (except caring for protected adults under the age of 18 which is merely incidental to caring for children generally).

Prospective

Teaching, instructing, training and supervising adults S

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3 S Teaching, instructing, training or supervising protected adults (except teaching, instructing, training or supervising protected adults which is merely incidental to teaching, instructing, training or supervising individuals who are not protected adults).

Prospective

Being in sole charge of adults S

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4 S Being in sole charge of protected adults (except being in sole charge of protected adults which is merely incidental to being in sole charge of individuals who are not protected adults).

Providing assistance, advice or guidance to adults S

5 S Providing assistance, advice or guidance to a protected adult or particular protected adults which relates to physical or emotional well-being, education or training (except providing assistance, advice or guidance to a protected adult or protected adults which is merely incidental to providing assistance, advice or guidance to individuals who are not protected adults).

Provision of care home services S

F4 6 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 6 omitted (28.2.2011 coming into force in accordance with art. 1) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 4

Inspecting care services on behalf of the [F5 Social Care and Social Work Improvement Scotland ] [F6 and Healthcare Improvement Scotland ] S

Textual Amendments

F5 Words in Sch. 3 para. 7 crossheading substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 36(c); S.S.I. 2010/321, art. 3, Sch.

F6 Words in Sch. 3 para. 7 crossheading added (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(g); S.S.I. 2010/321, art. 3, Sch.

7 S Inspecting adult care services (including inspecting any premises used for the purposes of providing such services) in pursuance of [F7 section 10J or 10M of the National Health Service (Scotland) Act 1978 (c. 29) or ] [F8 Part 5 of the 2010 Act]

• An “adult care service” is—

  (a)

  a support service,

  (b)

  an adult placement service,

  (c)

  a care home service,

  (d)

  a housing support service, or

  (e)

  an independent health care service which provides services of the type prescribed under section 94(1)(b),

  not provided mainly or exclusively to children.

• “Support service”, “adult placement service”, “care home service”, [F9 and ] “housing support service” F10 ... have the same meanings as in [F11 schedule 12 to the 2010 Act ] [F12 ; and “independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978. ”].

Textual Amendments

F7 Words in Sch. 3 para. 7 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(f)(i); S.S.I. 2010/321, art. 3, Sch.

F8 Words in Sch. 3 para. 7 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 36(b)(i); S.S.I. 2010/321, art. 3, Sch.

F9 Word in Sch. 3 para. 7 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 36(b)(ii); S.S.I. 2010/321, art. 3, Sch.

F10 Words in Sch. 3 para. 7 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(f)(ii); S.S.I. 2010/321, art. 3, Sch.

F11 Words in Sch. 3 para. 7 substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 36(b)(iii); S.S.I. 2010/321, art. 3, Sch.

F12 Words in Sch. 3 para. 7 added (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(f)(iii); S.S.I. 2010/321, art. 3, Sch.

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Part 3 S Establishments

Care home S

8 S A care home.“Care home” means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service (within the meaning of the 2001 Act).

Residential establishment or accommodation S

9 S A residential establishment or accommodation occupied exclusively or mainly by individuals aged 16 or over which is provided by, or the provision of which is secured by, a council under—

(a) the Social Work (Scotland) Act 1968 (c. 49), or

(b) section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

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Part 4 S Positions

Member of council committee S

10 S Member of a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to protected adults. Any reference to a committee includes a reference to any sub-committee which discharges any functions of that committee.

Chief social work officer S

11 S Chief social work officer of a council.

Charity trustee S

12 S Charity trustee of a charity whose—

(a) workers normally include individuals doing regulated work with adults (other than work that is regulated work with adults by virtue only of this paragraph), or

(b) main purpose is the relief of those in need by reason of vulnerability.

An individual works for a charity if the individual works under any arrangements made by the charity (other than arrangements made for purposes which are incidental to the purposes for which the charity is established).

Part 5 S General

Power to amend schedule S

13 S Ministers may by order modify this schedule as they think appropriate.

Commencement Information

I1 Sch. 3 para. 13 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

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14 S An order under paragraph 13 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with adults.