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SCHEDULES

SCHEDULE 4E+WRegulated Activity

Part 1 E+WRegulated activity relating to children

Regulated activity: generalE+W

1(1)An activity is a regulated activity relating to children if—E+W

(a)it is mentioned in paragraph 2(1), and

(b)it is carried out frequently by the same person or the period condition is satisfied.

(2)An activity is a regulated activity relating to children if—

(a)it is carried out frequently by the same person or the period condition is satisfied,

(b)it is carried out in an establishment mentioned in paragraph 3(1),

(c)it is carried out by a person while engaging in any form of work (whether or not for gain),

(d)it is carried out for or in connection with the purposes of the establishment, and

(e)it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children.

(3)Each of the following, if carried out in England, is a regulated activity relating to children—

(a)providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);

(b)providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);

(c)providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);

(d)providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.

(4)Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.

(5)It is a regulated activity relating to children to foster a child (as mentioned in section 53).

(6)Each of the following, if carried out in Wales, is a regulated activity relating to children—

(a)acting as a child minder so as to give rise to a requirement to register under [F1section 21 of the Children and Families (Wales) Measure 2010];

(b)an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight [F2(or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010)].

(7)For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 79A of that Act.

(8)The exercise of any function of the following is a regulated activity relating to children—

(a)officer of the Children and Family Court Advisory and Support Service;

(b)Welsh family proceedings officer (within the meaning of Part 4 of the Children Act 2004 (c. 31)).

(9)The exercise of a function of a person mentioned in paragraph 4(1) is a regulated activity relating to children.

[F3(9A)The exercise of a function so far as the function—

(a)relates to any of the matters mentioned in sub-paragraph (9B),

(b)gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and

(c)is not a function which falls within sub-paragraph (9C),

is a regulated activity relating to children.

(9B)The matters in this sub-paragraph are—

(a)an inspection under section 10B of the Employment and Training Act 1973 (inspection of careers services in England);

(b) the exercise of a power under section 79U(3) of the Children Act 1989 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);

(c)any step taken for the purposes of section 87(3) of that Act (welfare of children in boarding schools and colleges);

(d)an inspection under section 87(6) of that Act (inspection of boarding school or college);

(e)any step taken by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—

(i)for the purposes of an agreement made in accordance with section 87A(2) of that Act, or

(ii)in order to comply with any requirement imposed on the person under section 87B of that Act;

(f)an inspection under section 18B or 18C of the Education Act 1994 (inspection of teacher training);

(g)an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);

(h)an inspection under section 31 of the Care Standards Act 2000 (inspections of establishments and agencies or the inspection of premises suspected as being used as an establishment or agency) of a residential family centre, a fostering agency, a voluntary adoption agency or an adoption support agency (each of which has the meaning given in section 4 of that Act);

(i)an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);

(j)a review or investigation under section 94 of the Health and Social Care (Community Health and Standards) Act 2003 (review or investigation of the discharge of social services functions by local authorities in Wales);

(k)a review or investigation under section 94 of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales);

(l)an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);

(m)an inspection under section 48 or 50 of that Act (inspection of religious education);

(n)an inspection under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);

(o)an inspection under section 55 of that Act (inspection of careers services in Wales);

(p) the exercise of a power under section 77(4) of the Childcare Act 2006 (powers of inspection etc on entry onto premises in accordance with section 77 of that Act);

(q) an inspection under section 118, 124, 125, 126 or 128 of the Education and Inspections Act 2006 (inspection of further education and training etc );

(r)an inspection under section 136 or a review under section 138 of that Act (inspections and annual reviews of local authorities in England);

(s)an inspection under section 143 of that Act (inspection of the functions of the Children and Family Court Advisory and Support Service);

(t)an inspection under section 146 of that Act (inspection of secure training centres).

(9C)The exercise of a function to which sub-paragraph (10) applies so far as the function—

(a)relates to the inspection of an establishment mentioned in paragraph 3(1), and

(b)gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.]

(10)[F4This sub-paragraph applies to a function of]—

(a)HM Chief Inspector of Schools in England;

(b)HM Chief Inspector of Education and Training in Wales;

(c)a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school;

(d)HM Chief Inspector of Prisons;

[F5(e)the Care Quality Commission;]

F6(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the [F7Welsh Ministers].

[F8(11)The exercise of a function of the Welsh Ministers so far as the function—

(a)relates to the inspection of an establishment, agency or body falling within sub-paragraph (12), and

(b)gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.]

(12)An establishment, agency or body falls within this sub-paragraph if it is—

(a)an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),

(b)an agency in relation to which such a requirement arises, or

(c)an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

and it provides any form of treatment or therapy for children.

[F9(12A)(12A) Accessing a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004 (information databases) is a regulated activity relating to children.]

(13)In sub-paragraph (12)(c) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).

[F10(13A)The exercise of a function of the Care Quality Commission so far as the function

[F11(a)relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of any form of treatment or therapy for children, and

(b)gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,]

is a regulated activity relating to children.]

(14)Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1), (2), (8), [F12(9C)][F13, (11) or (13A)] is a regulated activity relating to children.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Sch. 4 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I2Sch. 4 para. 1 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I3Sch. 4 para. 1 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

ActivitiesE+W

2(1)The activities referred to in paragraph 1(1) are—E+W

(a)any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;

(b)any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children;

(c)any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being;

(d)any form of treatment or therapy provided for a child;

(e)moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;

(f)driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.

(2)Sub-paragraph (1)(a), (b), (c) and (d) do not include—

(a)teaching, training or instruction provided to a child in the course of his employment;

(b)care for or supervision of a child in the course of his employment;

(c)advice or guidance provided for a child in the course of his employment;

(d)treatment or therapy provided for a child in the course of his employment.

(3)Sub-paragraph (2) does not apply if—

(a)the child has not attained the age of 16, and

(b)the activity is carried out by a person in respect of whom arrangements exist principally for that purpose.

(4)For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to—

(a)monitoring the content of matter which forms any part of the service,

(b)removing matter from, or preventing the addition of matter to, the service, or

(c)controlling access to, or use of, the service.

(5)But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—

(a)access to the content of the matter;

(b)contact with users of the service.

(6)In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.

Commencement Information

I4Sch. 4 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I5Sch. 4 para. 2 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I6Sch. 4 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

I7Sch. 4 para. 2(1)(f) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(w)

EstablishmentsE+W

3(1)The establishments referred to in paragraph 1(2) and [F14(9C)] are—E+W

(a)an educational institution which is exclusively or mainly for the provision of full-time education to children;

[F15(aa) a school falling within section 19(2) or (2B) of the Education Act 1996 (pupil referral units etc ) which does not fall within sub-paragraph (1)(a); ]

(b)an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));

(c)a hospital which is exclusively or mainly for the reception and treatment of children;

(d)an institution which is exclusively or mainly for the detention of children;

(e)a children's home (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));

(f)a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);

[F16(fa)a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);]

(g)relevant childcare premises.

(2)Relevant childcare premises are any part of premises on which a person carries on—

(a)any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act;

(b)any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;

(c)any form of [F17child minding or] day care [F18(within the meaning of section 19 of the Children and Families (Wales) Measure 2010)] in respect of which he must be registered under that Act.

[F19(3)But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.

(4)For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.

(5)“Parental responsibility” has the same meaning as in the Children Act 1989.]

Textual Amendments

F18Words in Sch. 4 para. 3(2)(c) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(c); S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

Commencement Information

I8Sch. 4 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I9Sch. 4 para. 3 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I10Sch. 4 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

PositionsE+W

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

(a)member of [F20or clerk to]the governing body of an educational establishment mentioned in section 8(5);

[F21(aa)person appointed by the governing body of a maintained school to serve on a committee established by that body;

[F22(aaa) member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996 ) which acts as the management committee of a school falling within section 19(2) or (2B) of that Act (pupil referral units etc ) which does not fall within sub-paragraph (1)(a);

(aab)an individual who is the proprietor of an independent school;

(aac)an individual who takes part in the management of an independent school;]

(ab)chief executive of a local authority that has any education functions or social services functions;]

(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 [F23ISA].

[F24(p) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services F25 ... for or in relation to children;

(q)a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);

(r)Children’s Rights Director appointed under section 120 of the Education and Inspections Act 2006 and a person whose duties consist wholly or mainly of assisting the Director in the exercise of the Director’s functions.]

[F26(s)member of a fostering panel;

(t)member of an adoption panel.]

[F27(1A)For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if—

(a)the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or

(b)the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).

[F28(1AA)For the purposes of sub-paragraph (1)(aaa), a person is a clerk to a committee if that person falls within the definition of a clerk to the committee in the regulations made under paragraph 15 of Schedule 1 to the Education Act 1996.]

(1B)For the purposes of sub-paragraph (1)(p) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.]

(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.

[F29(6A)For the purposes of sub-paragraph (1)(s), a fostering panel is a panel established in accordance with regulations made under section 22(2) of the Care Standards Act 2000 (regulation of establishment or agencies) or regulations made under Part 3 or section 59 of the Children Act 1989 (regulation of foster placements made by local authorities or independent fostering agencies) whose functions include making recommendations as to whether a person is suitable to foster a child.

(6B) For the purposes of sub-paragraph (1)(t), an adoption panel is a panel established in accordance with regulations made under section 9 of the Adoption and Children Act 2002 (power to regulate adoption etc agencies). ]

(7)In this paragraph—

Textual Amendments

F23Words in Sch. 4 para. 4 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss 81(2)(3)(m)(v), 116(5)(a)

F30Words in Sch. 4 para. 4(7) substituted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. para. 48(b)

F31Words in Sch. 4 para. 4(7) substituted (14.3.2012) by virtue of Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 117(a) (with s. 20(2), Sch. 8)

Commencement Information

I11Sch. 4 para. 4 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I12Sch. 4 para. 4 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I13Sch. 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)

5E+WA person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children.

Commencement Information

I14Sch. 4 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I15Sch. 4 para. 5 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I16Sch. 4 para. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

ExceptionsE+W

6E+WThe Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.

Commencement Information

I17Sch. 4 para. 6 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I18Sch. 4 para. 6 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I19Sch. 4 para. 6 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(p)

I20Sch. 4 para. 6 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)