
1 
This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 and comes into force on the same day as section91 of the Protection of Vulnerable Groups (Scotland) Act 2007.
2 
In this Order “the Act” means the Protection of Vulnerable Groups (Scotland) Act 2007.
3 
In Part 1 of schedule 3 (regulated work with adults) to the Act—
(a) for paragraph 1(b), substitute—“
(b) a position—
(i) which is not a position mentioned in sub-paragraph (a),
(ii) whose normal duties include work in an establishment mentioned in Part 3,
(iii) which gives the holder of the position, when doing anything permitted or required in connection with the position, the opportunity to have unsupervised contact with protected adults, and
(iv) where contact with protected adults, when the holder of the position is doing anything permitted or required in connection with the position, is more than incidental,”; and
(b) at the end of paragraph 1, insert—“Unsupervised contact with protected adults” means contact with protected adults in the absence of an individual doing regulated work within the establishment where the contact takes place.”.
4 
In Part 2 (activities) of schedule 3 to the Act, omit paragraph 6.
5 
In Part 4 (positions) of schedule 3 to the Act, for paragraph 12 substitute—“Charity 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.”.
ADAM INGRAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th June 2010