Schedule 4: Schedule to be substituted for schedule 3 of the PVG Act Part 1: Preliminary
227.Paragraph 1(1) defines what is meant by a regulated role with adults. A person must be carrying out one or more activities listed in Part 2 of the schedule. The activities must be a necessary part of the role and take place in Scotland (or take place outside the UK, the Channel Islands and the Isle of Man and be carried out by an individual who is ordinarily resident in the UK for an organisation or a personnel supplier with a place of business in Scotland, whose functions in relation to the carrying out the activity by the individual are principally exercised at that place of business – see paragraph 1(4) of the schedule).
228.In addition, the carrying out of the activities must give the individual the opportunity to have “contact with protected adults” (defined in paragraph 3 of the schedule). Contact includes physical contact with protected adults, written or verbal communication and exercising power or influence over protected adults. Paragraph 3(3) provides the definition of “exercising power or influence” over protected adults.
229.A person with day-to-day supervision or management of an individual carrying out a regulated role with adults is also to be treated as being in a regulated role (see paragraph 1(3)(a) of the schedule). Those involved in training or studying in Scotland for the activities listed in Part 2 will also be treated as carrying out a regulated role with adults (see paragraph 1(3)(b) of the schedule) (as will individuals who are ordinarily resident in the UK who are undertaking training or study for a regulated role with adults outside the UK, the Channel Islands and the Isle of Man for an organisation or a personnel supplier with a place of business in Scotland, whose functions in relation to the carrying out the activity by the individual are principally exercised at that place of business – see paragraph 1(5) of the schedule).
230.There are exceptions to regulated roles with adults set out in paragraph 2. An activity carried out in the course of a family relationship (either paid or unpaid) or in the course of a personal relationship where there is no payment is not a regulated role. This preserves the exclusions to what was considered “work” under section 95(3) and (4) of the PVG Act (which is repealed by the Act as a result of the shift from regulated work to regulated roles).