
1 
These Regulations may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010 and come into force on the same day as section 44 of the Protection of Vulnerable Groups (Scotland) Act 2007.
2 
In these Regulations—
 “the Act” means the Protection of Vulnerable Groups (Scotland) Act 2007.
3 
For the purposes of section 94(1)(b)(i) and (ii) of the Act, a prescribed service is a service provided by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being.
4 
For the purposes of section 94(1)(b)(iii), (iv), (v) and (vi) of the Act, a prescribed service is a service provided by an independent health care service as defined by section 2(5) and section 77 of the Regulation of Care (Scotland) Act 2001 which concerns the treatment, care and support of, and provision of advice and assistance to, individuals in relation to their health and well-being.
5 
For the purposes of section 94(1)(d) of the Act a prescribed welfare service is a welfare service that—
(a) is provided in the course of work to one or more persons over the age of 16;
(b) is delivered on behalf of an organisation;
(c) requires training to be undertaken by the person delivering the service;
(d) has a frequency and formality attached to the service; and
(e) either—
(i) requires a contract to be agreed between the service provider and the recipient of the service prior to the services being carried out; or
(ii) is personalised to an individual’s needs.
6 
Regulation 5 is to be read in conjunction with section 94(5) of the Act.
ADAM INGRAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st April 2010