The Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008

Explanatory Note

(This note is not part of the Order)

This Order is made under the Protection of Children (Scotland) Act 2003 (“the Act”) which provides for a list of individuals considered unsuitable to work with children to be established and maintained by the Scottish Ministers and for those on the list to be prohibited from working with children.

“Child care position” is defined by section 18(1) of, and schedule 2 (“the schedule”) to, the Act. This Order amends that definition. Article 3 amends paragraph 2 of the schedule to replace educational establishment with school, further education institution and hostel. Paragraph 1(a) of the schedule provides that a child care position is a position whose normal duties include work in an establishment in paragraph 2.

Article 4 inserts new paragraphs 2A and 2B into the schedule. Paragraph 2A removes from a child care position, for the purposes of paragraphs 1(a) and 2(c), (ca) and (cb) of the schedule, work done in schools, further education institutions and hostels by members of Parent Councils and similar bodies. Paragraph 2B removes from a child care position, for the purposes of paragraphs 1(a) and 2(c) and (ca) of the schedule: work done in schools, to the extent that it involves an activity which is primarily intended for adults; and work done in further education institutions, to the extent that it involves an activity primarily intended for adults and is done by those not employed by the institution.

Article 5 amends paragraph 6(a) of the schedule to reflect the replacement of educational establishment with school, further education institution and hostel. Article 6 amends paragraph 12 of the schedule to remove definitions relating to educational establishment and insert definitions relating to school, further education institution, hostel and Parent Council.