Full description of scope

Contents

Part 1: Regulated Activity for children � Activities
Part 2: Regulated Activity in relation to Children � Establishments


Part 1: Regulated Activity for children � Activities

The activities in the left-hand column are regulated activity in relation to children, subject to:

  • Exceptions in the right-hand column;
  • Different provisions for �establishments� (specified places) in Part 2 below.

Do not read the left-hand column in isolation from the right-hand column or from Part 2. In the right-hand column:

  • �New� exceptions are those in the 2012 Act;
  • �Existing� exceptions are already in the 2006 Act or 2007 Order as amended before the 2012 Act, or in secondary legislation under it.

Activity

Exceptions � not Regulated Activity

All of regulated activity.

Activity by a person in a group assisting or acting on behalf of, or under direction of, another person engaging in regulated activity in relation to children. This is the �peer exemption�.

In para 2(1) of Schedule 4[1]:

 

  1. Teaching, training or instruction of children, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period, or overnight*.

    Day to day management or supervision on a regular basis of a person providing this activity which would be regulated if unsupervised. Para 1(15[2]).

    *Sources:
    • Once a week: guidance, March 2010, Annex B, page 70 para B.12;
    • Four or more days/ overnight: Schedule 4, para 10(1) as amended.
  2. Care or supervision of children if carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period or overnight;
    • See rows (i) to (iii) below re types of care.

Day to day management or supervision on a regular basis of a person providing this activity which would be regulated if unsupervised.

New:

  • Supervised activity - under reasonable day to day supervision by another person engaging in regulated activity. Para 2(3A).

Existing:

  • Activity relating to a child in the course of his employment, not by a person for whom arrangements exist principally for that purpose;
  • Activity merely incidental to activity with adults.

New:

  • Supervised activity - under reasonable day to day supervision by another person engaging in regulated activity. Para 2(3B)(b).

Existing:

  • Activity relating to a child in course of his employment, not by person for whom arrangements exist principally for that purpose;
  • Activity merely incidental to activity with adults.

Particular types of care within (b) above, which apply to any child, even if done only once: (i) to (ii) below.

 

(i) Relevant personal care. Para 1(1B):

(a) physical help in connection with eating or drinking, for reasons of illness or disability;

(b) physical help for reasons of age, illness, or disability, in connection with:

  • (i) toileting (including re menstruation);
  • (ii-iii) washing, bathing, or dressing;

(c)-(d) prompting with supervision, in relation to (a)-(b), where the child is otherwise unable to decide;

(e)-(f) other training or advice in relation to (a)-(b).

 

(ii) Health care. Para 1(1C):

All forms of health care relating to physical or mental health including palliative care and procedures similar to medical or surgical care.

New:

  • Health care not by, or directed or supervised by, a health care professional*. Para 2(3B)(a).

*Defined by reference to regulatory bodies. Para 1(1C).

(c) Advice or guidance provided wholly or mainly for children relating to their physical, emotional or educational well-being if carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period or overnight.

New:

  • Legal advice. Para 2(3C).

Existing:

  • Activity relating to a child in course of his employment, not by person for whom arrangements exist principally for that purpose.

(a), (b) & (c): Definition of �overnight�:

In relation to teaching, training or instruction; care or supervision; or advice or guidance, it is also regulated activity if carried out (even once) at any time between 2am and 6am and with an opportunity for face-to-face contact with children. Schedule 4, Para 10(2).

 

Former category (d), treatment or therapy, is now replaced by �health care� provisions.

 

(e) Moderating a public electronic interactive communication service likely to be used wholly or mainly by children, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30- day period.

Existing:

  • Activity by a person who does not have access to the content of the matter, or contact with users.

(f) Driving a vehicle being used only for conveying children and carers or supervisors under arrangements as prescribed*, carried out by the same person frequently (once a week or more often), or on 4 or more days in a 30-day period. *Prescribed by SI 2009- 1548[3].

 

In para 1 of schedule 4:

 

(3) Early years or later years childminding* with a requirement to register, or voluntary registration, under Childcare Act 2006[4].

*That is: on domestic premises, for reward; as opposed to �childcare premises�, part 2 below.

Existing:

  • Care arranged by family members and not for reward is not regulated activity. Section 53(8)[6];
  • Local Authority can foster child with barred person who is, or lives with, a relative of the child. SI 2009-1797, Art 3(2).

(5) Fostering** a child.

**Defined at section 53[5].

 

(6) & (9) to (13)***: Wales only:

  • Child minding with requirement to register under Children Act 1989 including activities that require registration if child under eight;
  • Functions of Children�s Commissioner for Wales and deputy;
  • Inspection functions in relation to education, training, childcare and children�s health or social care.

***In Northern Ireland: (6), (6A), (7A) & (8):

  • Guardians Ad Litem;
  • Controllers appointed under Mental Health (NI) Order 1986;
  • Inspection/ Registration functions in education, training, juvenile justice, childcare, and children�s health or social care.

 

(14)[7] Day to day management on a regular basis of a person providing a regulated activity in Schedule 4, paragraphs 1(1) or (2) � that is, activity:

  • At (a) to (f) above; or
  • In establishments in part 2 below; and
  • (9C) or (11) in Wales only.

 

[1] References to �Schedule 4� should be read as �Schedule 2� in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (SVG Order).
[2] Para 1(13) in the SVG Order.
[3] In Northern Ireland: Statutory Rule S.R. 2009/306.
[4] In Northern Ireland: requirement to register is provided for under Children (Northern Ireland) Order 1995.
[5] In Northern Ireland: Article 55, SVG Order 2007.
[6] In Northern Ireland: family or personal relationships are exempt under Article 3, SVG Order 2007.
[7] In Northern Ireland: Para 12 of Schedule 2 in SVG Order 2007.


Part 2: Regulated Activity in relation to Children � Establishments

An activity is regulated activity in relation to children if carried out (subject to exceptions below):

  • In one of the following establishments;
  • Frequently (once a week or more often), or on 4 or more days in a 30-day period;
  • By the same person, engaged in work for or in connection with the purposes of the establishment; and
  • It gives the person the opportunity, in their work, to have contact with children.

Day to management or supervision on a regular basis of a person providing the above regulated activity for children is regulated activity for children.

Establishment

Exceptions � not Regulated Activity

Schedule 4, para 3(1):

(a) schools (all or mainly full-time, for children);

(aa) pupil referral units (also known as Short Stay Schools) not falling within the above;

(b) nursery schools;

(d) institutions for the detention of children;

(e) & (f) children�s homes;

(fa) children�s centres in England;

(g) childcare premises (including nurseries).

Day to day management or supervision on a regular basis of a volunteer activity which would be regulated if unsupervised. Para 1(15).

In Northern Ireland (under Schedule 2, Para 3(1) of the SVG Order):

(a) schools (all or mainly full-time, for children);

(b) nursery schools;

(bb) Alternative Education Provision;

(c) a children�s hospital;

(d) institutions for the detention of children;

(e) children�s homes;

(f) childcare premises.

In Northern Ireland: day to day management or supervision on a regular basis of a volunteer activity which would be regulated if unsupervised. Para 1(13).

New:

  • Activity by person contracted (or volunteering) to provide occasional or temporary services (not teaching, training or supervision of children). Para 1(2A) & (2B)(a);
  • Volunteering, under day to day supervision of another person engaging in regulated activity. Para 1 (2B)(b).

Existing:

  • Activity by a person in a group assisting or acting on behalf of, or under direction of another person engaging in regulated activity;
  • Childcare premises which are the home of a parent etc. of at least one child to whom the childcare or child minding is provided;
  • For activity undertaken regularly in a number of different establishments, but only infrequently in each: each establishment is only arranging the activity infrequently, so each establishment is not a regulated activity provider in relation to that activity.

Note: Categories for office holders (�Positions� - Para 1(9) and Para 4) and for Inspectorates in England (sub-paragraphs of Para 1) are removed. In Northern Ireland, categories for office holders (�Positions� � Para 1(7) and Para 4) are removed.