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SCOTTISH STATUTORY INSTRUMENTS
2010 No.
CHILDREN AND YOUNG PERSONS
PROTECTION OF VULNERABLE GROUPS
The Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010
Made -- --
Laid before the Scottish Parliament
Coming into force --
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 67(3)(b) and 97(1)( a) of the Protection of Vulnerable Groups (Scotland) Act 2007( b) and of all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010 and come into force on [ ] 2010.
Interpretation2. In these Regulations-
(a) "hospital" has the same meaning as in section 108(1) of the National Health Service (Scotland) Act 1978( c);
(b) "independent health care service" has the same meaning as in section 2(5) of the Regulation of Care (Scotland) Act 2001( d).
Unlawful requests for scheme records : prescribed circumstances for the purposes of section 67(3)(b) of the Protection of Vulnerable Groups (Scotland) Act 2007
3. Regulations 4 and 5 prescribe the circumstances for the purposes of section 67(3)(b).
Prescribed circumstances in relation to regulated work with children
4. In relation to regulated work with children the prescribed circumstances are that the regulated work is done by an individual in pursuance of an arrangement-
(a) between an individual's employer and an educational establishment, or a person acting on behalf of such an establishment, or a council under which an individual's employer is required to provide transport services to the educational institution or to the council for the transport of children to or from-
(i) a school, or
(ii) any other educational establishment;
(b) between an individual's employer and a health body under which an individual's employer is required to provide transport services to the health body for the transport of children to or from-
(i) a hospital (including a children's hospital), or
(ii) any other premises at which facilities are available for any of the services provided by the health body under the National Health Service (Scotland) Act 1978; or
(c) between an individual's employer and an independent health care service under which an individual's employer is required to provide transport services to the independent health care service for the transport of children to or from-
(i) an independent hospital,
(ii) a private psychiatric hospital,
(iii) an independent clinic, or
(iv) an independent medical agency.
Prescribed circumstances in relation to regulated work with protected adults
5. In relation to regulated work with protected adults the prescribed circumstances are that the work is done by an individual in pursuance of an arrangement-
(a) between an individual's employer and a health body under which an individual's employer is required to provide transport services to the health body for the transport of protected adults to or from-
(i) a hospital, or
(ii) any other premises at which facilities are available for any of the services provided by the health body under the National Health Service (Scotland) Act 1978; or
(b) between an individual's employer and an independent health care service under which an individual's employer is required to provide transport services to the independent health care service for the transport of protected adults to or from-
(i) an independent hospital,
(ii) a private psychiatric hospital,
(iii) an independent clinic, or
(iv) an independent medical agency.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
[date 2010]
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations made under sections 67(3)(b) and 97(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) ("the Act") prescribe circumstances for the purposes of section 67(3)(b) of the Act.
Regulations 4 and 5 set out the prescribed circumstances.
Regulation 4 relates to regulated work with children and covers the circumstances where a company or other organisation has arrangements with a council, school, other educational establishment, health body or independent health care service to provide transport to take children to and from schools, other educational institutions, hospitals, independent hospitals, private psychiatric hospitals, independent clinics or independent medical agencies.
Regulation 5 relates to regulated work with protected adults and covers the circumstance where a company or other organisation has arrangements with a health body or independent health care service to take protected adults to and from hospitals, independent hospitals, private psychiatric hospitals, independent clinics or independent medical agencies.
An adult will be a protected adult for the purposes of the Regulations by virtue of being in receipt of a prescribed service under section 94 of the Act and the Protection of Vulnerable Groups (Scotland) Act 2007 Prescribed Services (Protected Adults) Regulations (S.S.I. 2010/XXXX).
These Regulations do not affect the meaning of "regulated work with children" or "regulated work with protected adults". In order for a disclosure request to be obtained and subsequently disclosed to a third party under section 67 of the Act and these Regulations, the individual transporting the child or protected adult will still require to be in regulated work within the meaning of schedules 2 or 3 of the Act.
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