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 section 79D of the Children Act 1989 (c. 41);

(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.

(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.

[F1(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)[F2This 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;

[F3(e)the Care Quality Commission;]

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the [F5Welsh Ministers].

[F6(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.

[F7(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).

[F8(13A)The exercise of a function of the Care Quality Commission so far as the function

[F9(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), [F10(9C)] [F11, (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)