Paragraph 1 I1I2I3
England and Wales
An activity is a regulated activity relating to children if—
it is mentioned in paragraph 2(1), and
F1except in the case of activities falling within sub-paragraph (1A), it is carried out frequently by the same person or the period condition is satisfied.
The following activities fall within this sub-paragraph—
relevant personal care, and
health care provided by, or under the direction or supervision of, a health care professional.
In this Part of this Schedule “ relevant personal care ” means—
physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),
physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—
toileting (including in relation to the process of menstruation),
washing or bathing, or
dressing,
the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
any form of training, instruction, advice or guidance which—
relates to the performance of the activity of eating or drinking,
is given to a child who is in need of it by reason of illness or disability, and
does not fall within paragraph (c), or
any form of training, instruction, advice or guidance which—
relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),
is given to a child who is in need of it by reason of age, illness or disability, and
does not fall within paragraph (d).
In this Part of this Schedule —
“ health care ” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,
“ health care professional ” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.
An activity is a regulated activity relating to children if—
it is carried out frequently by the same person or the period condition is satisfied,
it is carried out in an establishment mentioned in paragraph 3(1),
it is carried out by a person while engaging in F3any work falling within sub-paragraph (2A) or (2B),
it is carried out for or in connection with the purposes of the establishment, and
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.
Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—
is undertaken in pursuance of a contract for the provision of occasional or temporary services, and
is not an activity mentioned in paragraph 2(1) F5...).
Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—
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Each of the following, if carried out in England, is a regulated activity relating to children—
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);
providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);
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);
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.
Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.
It is a regulated activity relating to children to foster a child (as mentioned in section 53).
Each of the following, if carried out in Wales, is a regulated activity relating to children—
acting as a child minder so as to give rise to a requirement to register under F9section 21 of the Children and Families (Wales) Measure 2010;
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 F10(or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010).
For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with F11section 19 of the Children and Families (Wales) Measure 2010.
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The exercise of a function of F13the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children.
The exercise of a function so far as the function—
relates to any of the matters mentioned in sub-paragraph (9B),
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
is not a function which falls within sub-paragraph (9C),
is a regulated activity relating to children.
The matters in this sub-paragraph are—
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the exercise of a power under F16 section 41 or 42 of the Children and Families (Wales) Measure 2010 (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);
an inspection F19in Wales under section 87(6) of that Act (inspection of boarding school or college);
any step taken F20in relation to Wales by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—
for the purposes of an agreement made in accordance with section 87A(2) of that Act, or
in order to comply with any requirement imposed on the person under section 87B of that Act;
an inspection under section F21 ... 18C of the Education Act 1994 (inspection of teacher training);
an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);
an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);
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);
an inspection under section 57, 58, 59, 60 or 63 of the Tertiary Education and Research (Wales) Act 2022 (inspection of further education and training, etc. by Her Majesty’s Chief Inspector of Education and Training in Wales);
a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);
a review F25under section 149B 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);
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);
an inspection F29in Wales under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);
an inspection under section 55 of that Act (inspection of careers services in Wales);
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The exercise of a function to which sub-paragraph (10) applies so far as the function—
relates to the inspection of an establishment mentioned in paragraph 3(1), and
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.
F31This sub-paragraph applies to a function of—
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HM Chief Inspector of Education and Training in Wales;
a body approved under section 106 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England);
a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school F34in Wales ;
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the F37Welsh Ministers.
The exercise of a function of the Welsh Ministers so far as the function—
relates to the inspection of an establishment, agency F39, service provider or body falling within sub-paragraph (12), and
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.
An establishment, agency F40, service provider or body falls within this sub-paragraph if it is—
an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),
an agency in relation to which such a requirement arises, F41...
a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,
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.
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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).
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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), F45(9A), (9C) or (11) is a regulated activity relating to children.
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Annotations
Textual amendments
- F1
Words in Sch. 4 para. 1(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(2), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F2
Sch. 4 para. 1(1A)-(1D) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(3), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F3
Words in Sch. 4 para. 1(2)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(4), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F4
Sch. 4 para. 1(2A)-(2C) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(5), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F5
Words in Sch. 4 para. 1(2A)(b) omitted (1.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 139(2)(a), 255(1); S.I. 2026/939, reg. 2
- F6
Words in Sch. 4 para. 1(2B)(a)(ii) omitted (1.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 139(2)(b)(i), 255(1); S.I. 2026/939, reg. 2
- F7
Sch. 4 para. 1(2B)(b) and word omitted (1.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 139(2)(b)(ii), 255(1); S.I. 2026/939, reg. 2
- F8
Sch. 4 para. 1(2C) omitted (1.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 139(2)(c), 255(1); S.I. 2026/939, reg. 2
- F9
Words in Sch. 4 para. 1(6)(a) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(a); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2 Sch. 3)
- F10
Words in Sch. 4 para. 1(6)(b) inserted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(b); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2 Sch. 3)
- F11
Words in Sch. 4 para. 1(7) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F12
Sch. 4 para. 1(8) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(b), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F13
Words in Sch. 4 para. 1(9) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F14
Sch. 4 para. 1(9A)-(9C) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(2)
- F15
Sch. 4 para. 1(9B)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F16
Words in Sch. 4 para. 1(9B)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F17
Words in Sch. 4 para. 1(9B)(c) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F18
Words in Sch. 4 para. 1(9B)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F19
Words in Sch. 4 para. 1(9B)(d) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iv), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F20
Words in Sch. 4 para. 1(9B)(e) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(v), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F21
Words in Sch. 4 para. 1(9B)(f) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(vi), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F22
Sch. 4 para. 1(9B)(h) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
- F23
Sch. 4 para. 1(9B)(ia) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 21(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xl)
- F24
Sch. 4 para. 1(9B)(j) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(b); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
- F25
Words in Sch. 4 para. 1(9B)(k) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(c); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
- F26
Word in Sch. 4 para. 1(9B)(m) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 9(a)
- F27
Words in Sch. 4 para. 1(9B)(m) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(viii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F28
Word in Sch. 4 para. 1(9B)(m) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 9(a)
- F29
Words in Sch. 4 para. 1(9B)(n) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(ix), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F30
Sch. 4 para. 1(9B)(p)-(t) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(x), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F31
Words in Sch. 4 para. 1(10) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(3)
- F32
Sch. 4 para. 1(10)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(e), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F33
Sch. 4 para. 1(10)(ba) inserted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 41(3); S.I. 2014/3364, art. 2(z)
- F34
Words in Sch. 4 para. 1(10)(c) inserted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 41(4); S.I. 2014/3364, art. 2(z)
- F35
Sch. 4 para. 1(10)(d)(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(e), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F36
Sch. 4 para. 1(10)(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 92(2)(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(bb), 36
- F37
Words in Sch. 4 para. 1(10)(g) substituted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 30(c)
- F38
Sch. 4 para. 1(11) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(4)
- F39
Words in Sch. 4 para. 1(11)(a) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(a)
- F40
Words in Sch. 4 para. 1(12) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(i)
- F41
Word in Sch. 4 para. 1(12)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(ii)
- F42
Sch. 4 para. 1(12)(ba) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(iii)
- F43
Sch. 4 para. 1(12A) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(f), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F44
Sch. 4 para. 1(13A) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(g), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
- F45
Words in Sch. 4 para. 1(14) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(h), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
- F46
Sch. 4 para. 1(15) omitted (1.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 139(2)(d), 255(1); S.I. 2026/939, reg. 2
Modifications
- C1
Sch. 4 para. 1(10)(c) modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 29
Commencement
- I1
Sch. 4 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
- I2
Sch. 4 para. 1 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
- I3
Sch. 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)
Notes on Part 1
Modifications
- C1
Sch. 4 Pt. 1 applied (27.4.2026) by 1981 c. 14, s. 29C(1) (as inserted by Bus Services Act 2025 (c. 24), ss. 33, 41(3))