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Protecting Vulnerable Groups Scheme: Guidance for individuals, organisations and personal employers

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ANNEX B. Regulated Work with Adults

(SCHEDULE 3 AS AMENDED)

Schedule 3

(introduced by section 91)

Regulated work with adults

Part 1

Preliminary

Regulated work with adults

1 Regulated work with adults is work in-

(a) a position whose normal duties include carrying out an activity mentioned in Part 2,

(b) a position -

(i) which is not a position mentioned in sub-paragraph (a),

(ii) whose normal duties include work in an establishment mentioned in Part 3,

(iii) 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 protected adults, and

(iv) where contact with protected adults, when the holder of the position is doing anything permitted or required in connection with the position, is more than incidental, 85

(c) a position mentioned in Part 4, or

(d) a position whose normal duties include the day to day supervision or management of an individual doing regulated work with adults by virtue of sub-paragraph (a) or (b).

"Unsupervised contact with protected adults" means contact with protected adults in the absence of an individual doing regulated work within the establishment where the contact takes place. 86

Part 2

Activities

Caring for adults

2 Caring for protected adults (except caring for protected adults under the age of 18 which is merely incidental to caring for children generally).

Teaching, instructing, training and supervising adults

3 Teaching, instructing, training or supervising protected adults (except teaching, instructing, training or supervising protected adults which is merely incidental to teaching, instructing, training or supervising individuals who are not protected adults).

Being in sole charge of adults

4 Being in sole charge of protected adults (except being in sole charge of protected adults which is merely incidental to being in sole charge of individuals who are not protected adults).

Providing assistance, advice or guidance to adults

5 Providing assistance, advice or guidance to a protected adult or particular protected adults which relates to physical or emotional well-being, education or training (except providing assistance, advice or guidance to a protected adult or protected adults which is merely incidental to providing assistance, advice or guidance to individuals who are not protected adults).

Provision of care home services

6 [ deleted] 87

Inspecting care services on behalf of the Scottish Commission for the Regulation of Care

7 Inspecting adult care services (including inspecting any premises used for the purposes of providing such services) in pursuance of section 25 of the 2001 Act.

An "adult care service" is-

(a) a support service,

(b) an adult placement service,

(c) a care home service,

(d) a housing support service, or

(e) an independent health care service which provides services of the type prescribed under section 94(1)(b),

not provided mainly or exclusively to children.

"Support service", "adult placement service", "care home service", "housing support service", and "independent health care service" have the same meanings as in the 2001 Act.

Part 3

Establishments

Care home

8 A care home.

"Care home" means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service (within the meaning of the 2001 Act).

Residential establishment or accommodation

9 A residential establishment or accommodation occupied exclusively or mainly by individuals aged 16 or over which is provided by, or the provision of which is secured by, a council under-

(a) the Social Work (Scotland) Act 1968 (c.49), or

(b) section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

Part 4

Positions

Member of council committee

10 Member of a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to protected adults.

Any reference to a committee includes a reference to any sub-committee which discharges any functions of that committee.

Chief social work officer

11 Chief social work officer of a council.

Charity trustee

12 Charity trustee of a charity whose-

(a) main purpose is to provide benefits for protected adults, and

(b) principal means of delivery of those benefits is by its workers doing regulated work with adults.

An individual works for a charity if the individual works under any arrangements made by the charity. 88

Part 5

General

Power to amend schedule

13 Ministers may by order modify this schedule as they think appropriate.

14 An order under paragraph 13 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with adults.