SCHEDULE 2 Regulated work with children

(introduced by section 91)

Part 1 Preliminary

Regulated work with children

1 Regulated work with children 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 sub-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 children by virtue of sub-paragraph (a) or (b).

Exceptions relating to children’s employment and work

2 Work which would be regulated work with children by virtue of any of paragraphs 3 to 7 is not, despite those provisions, regulated work with children if—

(a) the activity concerned is carried out in relation to children aged 16 or 17 in the course of the children’s work, or

(b) in the case of the activities referred to in paragraphs 5 and 6, the activity is carried out in relation to children under the age of 16 in the course of the children’s employment.

Part 2 Activities

Caring for children

3 Caring for children (except caring for children which is merely incidental to caring for individuals who are not children).

Teaching, instructing, training or supervising children

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

Being in sole charge of children

5 Being in sole charge of children.

Unsupervised contact with children

6 Contact with children—

(a) under arrangements made by a responsible person, but

(b) in the absence of—

(i) a responsible person,

(ii) a person carrying out an activity mentioned in paragraph 3, 4 or 5, or

(iii) 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.

• “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.

Providing advice or guidance to children

7 Providing advice or guidance to a child or to particular children which relates to physical or emotional well-being, education or training (except providing advice or guidance to a child or to particular children which is merely incidental to providing advice or guidance to individuals who are not children).

Moderating certain interactive communication services

8 Moderating a public electronic interactive communication service which is intended for use wholly or mainly by children.

A person moderates such a service if, for the purpose of protecting children, the person has any function relating to—

But a person only moderates such a service as mentioned in sub-paragraph (b) or (c) if the person has—

Provision of care home services

9 Providing, or working for an organisation which provides, a care home service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).

“Care home service” has the same meaning as in the 2001 Act.

Provision of independent health care services

10 Providing, or working for an organisation which provides, an independent health care service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).

“Independent health care service” has the same meaning as in the 2001 Act.

Work on day care premises

11 Work on any part of day care premises at times when children are being looked after in that part.

“Day care premises” means premises at which day care of children, within the meaning of section 2 of the 2001 Act, is provided.