Explanatory note

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 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 an establishment listed in Part 3, in relation to host parenting and in relation to the position of a charity trustee. It also modifies the application of sections 35 and 36 of the Act in relation to host parenting.

Article 3 substitutes a new paragraph 1(b) in schedule 2 to provide that regulated work with children 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 and 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 children.

Article 4 introduces a new paragraph 1A into schedule 2 which reinstates, but does not amend, definitions previously used in paragraph 6 of schedule 2. The definitions cannot remain in paragraph 6 since they are now also used in paragraph 1.

Article 5 inserts a new paragraph 2A into schedule 2 which modifies the application of sections 35 and 36 of the Act in relation to work which consists of being a host parent. Under sections 35 and 36 an organisation commits an offence if—

• it offers regulated work to a person who is barred from that work (section 35(1) and (5));

• it fails to comply with regulations made under section 35(2) which either prohibit it from permitting an individual to do, or require it to remove an individual from, regulated work from which the individual is barred (section 35(4)); the applicable Regulations are the Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010 (SSI 2010/xxx);

• it is a personnel supplier and it offers or supplies an individual who is barred from doing regulated work to an organisation and the individual is to do regulated work for that organisation (section 36).

By virtue of article 5, these offences will, however, not apply to organisations which offer host parenting work to barred individuals. The offence in section 34 of the Act continues to apply. It is therefore an offence for a barred individual to do regulated work which by being a host parent.

Article 6 substitutes paragraph 6 into schedule 2 without the definitions which have now been placed in paragraph 1A.

Article 7 inserts a new paragraph 11A into Part 2 of schedule 2 so that being a host parent is an activity under Part 2. This makes clear that a person whose normal duties include the activities described in paragraph 11A as being a host parent will be carrying out regulated work with children.

Article 8 modifies the definition of the position of a charity trustee of a children’s charity in paragraph 27 of schedule 2 to restrict it to a trustee of a charity whose main purpose is to provide benefits to children and whose principal means of delivery of those benefits is by its workers doing regulated work with children.