5Engaged in a regulated activity defined

5 Engaged in a regulated activity defined

(1)  A person, including a vulnerable person, is engaged in a regulated activity if the person –

(a) has contact with a vulnerable person as part of taking part in the regulated activity; and

(b) is taking part in the regulated activity in any capacity and whether –

(i) for reward or not; or

(ii) under an arrangement with another person or otherwise.

Note

Examples of some types of capacity in which a person can engage in an activity are as follows:

(a) employee;

(b) contractor or subcontractor;

(c) consultant;

(d) self-employed person;

(e) apprentice;

(f) volunteer;

(g) agent;

(h) supervisor;

(i) person on a work experience placement for an educational or vocational course;

(j) person carrying out work for a sentence, including a community service order;

(k) member of a management committee of an unincorporated body or association;

(l) minister of religion for a religious organisation.

(2)  Also, a person, including a vulnerable person, is engaged in a regulated activity if –

(a) the regulated activity is conducted in residential premises; and

(b) the person resides in the residential premises; and

(c) the person, although not taking part in the regulated activity, may meet or be in the immediate vicinity of a vulnerable person who is at the premises for the purpose of taking part in the regulated activity.