Protection of Vulnerable Groups (Scotland) Act 2007

SCHEDULE 3SRegulated work with adults

(introduced by section 91)

Part 2 SActivities

Caring for adultsS

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

Providing assistance, advice or guidance to adultsS

5SProviding 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 servicesS

F46S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspecting care services on behalf of the [F5 Social Care and Social Work Improvement Scotland ] [F6 and Healthcare Improvement Scotland ]S

7SInspecting adult care services (including inspecting any premises used for the purposes of providing such services) in pursuance of [F7 section 10J or 10M of the National Health Service (Scotland) Act 1978 (c. 29) or ] [F8Part 5 of the 2010 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”, [F9 and ] “housing support service” F10... have the same meanings as in [F11 schedule 12 to the 2010 Act ] [F12; and “independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978. ”].

Part 3 SEstablishments

Care homeS

8SA 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 [F13schedule 12 to the 2010 Act]).

Residential establishment or accommodationS

9SA 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,

[F14(1)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).][F15, or

(2)a person to whom a function conferred by a provision mentioned in sub-paragraph (1)(a) or (b) is delegated by a council in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014.]

Part 4 SPositions

Member of council committeeS

10SMember 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 officerS

11SChief social work officer of a council.

Charity trusteeS

[F1612SCharity 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.]

Part 5 SGeneral

Power to amend scheduleS

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

14SAn 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.