Office of Public Sector Information
SCHEDULE 2 continued PART 3
12 An institution which is exclusively or mainly for the detention of children.
“Detention” means detention by virtue of an order of a court or under an enactment.
13 A hospital which is exclusively or mainly for the reception and treatment of children.
“Hospital” has the meaning given by section 108(1) (interpretation) of the National Health Service (Scotland) Act 1978 (c. 29).
14 A school.
15 A further education institution.
“Further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).
Ministers may by order amend the definition of “further education institution” so as to include or exclude bodies listed in that schedule.
16 A hostel used mainly by pupils attending a school or institution mentioned in paragraph 14 or 15 respectively.
17 A home which is exclusively or mainly for children and is provided by a council under—
(a) section 59 (provision by councils of residential and other establishments) of 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).
18 Manager, or member of a governing body, body of trustees or other body responsible for the management, of a school, further education institution or hostel mentioned in paragraphs 14 to 16 (but not a member of a council).
19 Member of—
(a) a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,
(b) a sub-committee which discharges any functions of any such committee.
20 Member of—
(a) a children’s panel established by section 39(1) of the Children (Scotland) Act 1995 (c. 36),
(b) a Children’s Panel Advisory Committee,
(c) a joint advisory committee established under paragraph 8(1) of Schedule 1 to that Act,
(d) a sub-committee which discharges any functions of any committee mentioned in sub-paragraph (b) or (c).
21 Chief social work officer of a council.
22 Chief education officer (however called) of a council.
23 Commissioner for Children and Young People in Scotland.
24 Member of that Commissioner’s staff.
25 Registrar of Independent Schools in Scotland.
26 Foster carer.
27 Charity trustee of a children’s charity.
“Children’s charity” means a charity whose—
(a) workers normally include individuals doing regulated work with children (other than work which is regulated work with children by virtue only of this paragraph), or
(b) main purpose is to provide benefits for children.
An individual works for a charity if the individual works under any arrangements made by the charity (other than arrangements made for purposes which are incidental to the purposes for which the charity is established).
28 Ministers may by order modify this schedule as they think appropriate.
29 An order under paragraph 28 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with children.
(introduced by section 91)
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 (other than a position mentioned in paragraph (a)) whose normal duties include work in an establishment mentioned in Part 3,
(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).
Protection of Vulnerable Groups (Scotland) Act 2007