12-11-2013, 08:01 PM
Pat, Ian’s query was about the SNCL and it moved on to other events. But sorry, I’ll not intrude on your discussion about those any further, it’s mainly the statements of the law that I was querying in the magazine article, and your interpretation as applying to all tournaments. I don’t think it is the case that ‘the law is very clear’ in ‘almost all tournaments in Scotland’ as you claim, other than possibly being clear the other way. On my reading anyway, the law appears to make the very distinction between mainly children and mainly adult that you are trying to bypass (see the ‘incidental test’ below)
However it is clear that that is the policy CS would like to adopt. That’s fine (maybe it was discussed here before?) though it may not encourage new arbiters, but anyway it seems not to be the law, in fact – which means it should be no great legal worry if it’s not being adopted in what are mainly adult tournaments. So, sorry again for butting in I just think that when we are being told what the law requires us to do, what we are told should be right.
Cheers
92. The scope of regulated work is narrowed by the incidental test. Some, but not all, activities with children or protected adults are excluded from being regulated work if the activity is occurring incidentally to working with individuals who are not children or protected adults. For example, a teacher in a school is doing regulated work with
children but a college lecturer running woodwork classes in the evening aimed at adults is outside the scope of regulated work, even if one or two children attend his class. This is because the presence of children (and the teaching of children) is incidental to the main activity and purpose of the class which is to teach adults.
93. An activity is likely to be incidental when:
o open to all (characterised by where the event is held, where it is advertised, admission policy etc);
o attractive to a wide cross-section of society; or
o attendance is discretionary.
94.
An activity is unlikely to be incidental when:
o targeted at children or protected adults (characterised by where the event is held, where it is advertised, admission policy etc);
o more attractive to children or protected adults than others; or
o attendance is mandatory.
<!-- m --><a class="postlink" href="http://www.disclosurescotland.co.uk/guidance/documents/PVGGuidanceChapter2RegulatedWork_000.pdf">http://www.disclosurescotland.co.uk/gui ... rk_000.pdf</a><!-- m -->
However it is clear that that is the policy CS would like to adopt. That’s fine (maybe it was discussed here before?) though it may not encourage new arbiters, but anyway it seems not to be the law, in fact – which means it should be no great legal worry if it’s not being adopted in what are mainly adult tournaments. So, sorry again for butting in I just think that when we are being told what the law requires us to do, what we are told should be right.
Cheers
92. The scope of regulated work is narrowed by the incidental test. Some, but not all, activities with children or protected adults are excluded from being regulated work if the activity is occurring incidentally to working with individuals who are not children or protected adults. For example, a teacher in a school is doing regulated work with
children but a college lecturer running woodwork classes in the evening aimed at adults is outside the scope of regulated work, even if one or two children attend his class. This is because the presence of children (and the teaching of children) is incidental to the main activity and purpose of the class which is to teach adults.
93. An activity is likely to be incidental when:
o open to all (characterised by where the event is held, where it is advertised, admission policy etc);
o attractive to a wide cross-section of society; or
o attendance is discretionary.
94.
An activity is unlikely to be incidental when:
o targeted at children or protected adults (characterised by where the event is held, where it is advertised, admission policy etc);
o more attractive to children or protected adults than others; or
o attendance is mandatory.
<!-- m --><a class="postlink" href="http://www.disclosurescotland.co.uk/guidance/documents/PVGGuidanceChapter2RegulatedWork_000.pdf">http://www.disclosurescotland.co.uk/gui ... rk_000.pdf</a><!-- m -->