The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

Section 91 of the Protection of Vulnerable Groups (Scotland) Act 2007 defines regulated work with protected adults as work of the type described in schedule 3 to the Act. Schedule 3 describes regulated work in terms of activities (Part 2), establishments (Part 3) and positions (Part 4). This Order modifies schedule 3 in relation to regulated work in an establishment, in relation to activities constituting regulated work and in relation to regulated work by virtue of the position of charity trustee.

Article 3 substitutes a new paragraph 1(b) into Part 1 of schedule 3 to provide that regulated work with adults is work in a position which is not a position mentioned in sub-paragraph (a), whose normal duties include work in an establishment mentioned in Part 3, 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 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.

Article 4 modifies the activities, the performance of which constitute regulated work, by omitting the activity of the provision of care home services.

Article 5 modifies the definition of the position of charity trustee to someone who is trustee of a charity, where the charity’s main purpose is to provide benefits for protected adults and where the principal means of delivery of those benefits is by its workers doing regulated work with adults.