Draft Order laid before the Scottish Parliament under section 100(4) of the Protection of Vulnerable Groups (Scotland) Act 2007, for approval by resolution of the Scottish Parliament.
SCOTTISH STATUTORY INSTRUMENTS
2010 No.
CHILDREN AND YOUNG PERSONS
PROTECTION OF VULNERABLE GROUPS
The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010
Made -- --
Laid before the Scottish Parliament
Coming into force --
The Scottish Ministers make the following Order in exercise of the powers conferred by section 100(2) of and paragraph 28 of schedule 2 to the Protection of Vulnerable Groups (Scotland) Act 2007( a) and all other powers enabling them to do so.
In accordance with section 100(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work With Children) Order 2010 and comes into force on [____] 2010.
Modification of schedule 2 to the Protection of Vulnerable Groups (Scotland) Act 2007
2. Schedule 2 (regulated work with children) to the Protection of Vulnerable Groups (Scotland) Act 2007 is modified in accordance with articles 3 to 7.
3. After paragraph 1 insert-
"1A Work which would be regulated work with children by virtue of paragraph 1(b) is not, despite that provision, regulated work with children unless doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have unsupervised contact with children.".
4. After paragraph 2 insert-
" Definitions
2A In this schedule-
"responsible person" means, in relation to a child, any of the following persons-
(a) the child's parent or guardian,
(b) any person aged 18 or over with whom the child lives,
(c) the person in charge of any establishment mentioned in Part 3 in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person),
(d) a person who provides day care of children, within the meaning of section 2 of the 2001 Act,
(e) any person holding a position mentioned in Part 4, and
(f) any person holding a position in a children's charity, within the meaning of paragraph 27,
"family relationship" and "personal relationship" have the meanings given in section 95;
"unsupervised contact" means contact with children in the absence of-
(a) a responsible person,
(b) a person carrying out an activity mentioned in paragraph 3, 4 or 5, or
(c) an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child's parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship.".
5. For paragraph 6 substitute-
"Unsupervised contact with children under arrangements made by a responsible person.".
6. After paragraph 11 insert-
" Host parenting
11A Provision of overnight accommodation for a child by a person, other than a parent or a foster carer of that child, in that person's own home or as if the child were part of that person's family.".
7. For paragraph 27 substitute-
"Charity trustee of a children's charity.
"Children's charity" means a charity whose main purpose is to provide benefits for children.".
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
_____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 children as the type described in schedule 2 to that Act ("schedule 2"). Schedule 2 describes regulated work in terms of activities (Part 2), establishments (Part 3) and positions (Part 4). This Order modifies schedule 2 in relation to regulated work in the context of host parenting, of a position in an establishment listed in Part 3 and of a position of charity trustee.
Article 3 inserts new paragraph 1A into Part 1 of schedule 2 to provide that a position, whose normal duties include work in an establishment mentioned in Part 3, is not regulated work with children unless doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have unsupervised contact with children.
Article 4 reinstates, but does not amend, definitions previously used in paragraph 6 of schedule
2 since they are now also used in paragraph 1A. Article 5 substitutes paragraph 6 without the definitions which are now in paragraph 2A.
Article 6 inserts a new paragraph 11A into Part 2 of schedule 2 so that host parenting is an activity under Part 2. A person whose normal duties include host parenting will be carrying out regulated work with children.
Article 7 modifies the definition of a children's charity in paragraph 27 of schedule 2 to restrict it to a charity whose main purpose is to provide benefits for children.