203.Paragraph 28 permits the Scottish Ministers to amend schedule 2 by order subject to affirmative procedure. Paragraph 29 clarifies that Ministers’ power to make orders under paragraph 28 to modify this schedule, can include provision to disapply or otherwise modify the application of the offence provisions in sections 34 to 37 of the Act. Consequently, Ministers have the power to include new types of work within the scope of regulated work, or modify existing types of regulated work and, in addition, provide that the offences at sections 34 to 37 do not apply to certain types of regulated work or that the offences only apply in a modified way.
204.Therefore, Ministers could create classes of regulated work where the individual is subject to continuous vetting and disclosure records can be obtained but where the individual and / or the employer do not commit an offence if the individual is barred. This power could be used, for example to identify types of foster care not covered by section 96.