Taken from the above link.
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Transport
3.21 Under the legislation the act of driving a vehicle which is being used solely for the purpose of transporting children and/or vulnerable adults and any person responsible for supervising or caring for them will be classed as regulated activity, subject to regulations that may prescribe the circumstances in which these provisions will apply. Any person subject to the relevant provisions and any associated regulations will therefore be subject to the requirements of the scheme.
3.22 We are proposing to use this regulation- making power to clarify certain circumstances where it should be regulated activity where people exclusively transport children and/or vulnerable adults.
3.23 For example, a school may organise taxi or bus services to collect children and in this situation, all the taxi or bus driver is doing is driving the child to school. A similar situation may arise in relation to vulnerable adults where a care home arranges a taxi to take residents to church on a weekly basis. These regulations are intended to clarify that such persons are subject to the requirements in relation to regulated activity where they carry out this activity frequently or intensively.
3.24 We are proposing that the following circumstances be classed as regulated activity in relation to children and vulnerable adults and that where an individual drives a vehicle, meeting the frequency or intensity test, which is exclusively for conveying children or vulnerable adults, or escorts a child/vulnerable adult on such a service, he or she is engaged in regulated activity.
It is proposed that the following are classed as regulated activity in relation to children.
Transporting children to and from services which are regulated activity, e.g. to and from school, early years settings, children’s drama club or Brownie camp. This would apply where a vehicle is owned or operated by the provider of the service, such as a mini bus operated by a school, early years setting, Scout group etc. In these circumstances driving that vehicle should be classed as regulated activity, whether or not there are additional adults in the vehicle whose job is to supervise the children such as a teacher or scout leader.
Where a vehicle is commissioned by a service provider such as a school, early years setting, sports club or by a local authority, Education and Library Board or a Health and Social Services Body under a formal agreement or contract, e.g. a taxi or bus organised by a school or local authority to regularly or frequently transport children to school or another regulated activity such as a sports club. Driving such a vehicle should again be classed as regulated activity.
Escorting a child to or from school or another regulated activity such as early years setting, sports club under arrangements made by or on behalf of a local authority an Education and Library Board or Health and Social Services Body is also regulated activity. The escort is contracted by the local authority, an Education and Library Board or Health and Social Services Body or the operator themselves. Escorts will generally be used for taxi journeys or on mini buses.
It is proposed that the following are classed as regulated activity in relation to vulnerable adults.
People who transport vulnerable adults within the social care sector, e.g. to and from care homes, sheltered housing and/or day care centres. Where a vehicle is owned or operated by the provider of the social care service, such as a mini bus operated by a day care centre, driving that vehicle should be classed as regulated activity. Where a vehicle is commissioned by the service provider under a formal agreement or contract, e.g. a taxi organised by a day centre to regularly or frequently transport older people to the centre, driving such a vehicle should again be classed as regulated activity. In such circumstances there would need to be a contractual arrangement between the service provider and the transport provider as we would not wish to catch one-off trips.
People who drive ambulances and other vehicles transporting patients on behalf of the NHS or Health and Social Care sector in Northern Ireland and/or independent sector healthcare providers will also be engaged in regulated activity. In some cases they will already be engaged in regulated activity as their work involves treating and caring for patients but the regulations will make clear that all such drivers are engaged in regulated activity
3.25 The policy is not intended to cover individuals who engage in the following activities;
Driving a taxi with an unaccompanied child if this is not part of a contract but a result of, say, a 16 year old hailing a taxi or a parent booking a taxi privately for a child.
Bus drivers who work on a mainstream bus route which includes a school (for example) but who are not contracted by a regulated activity provider such as a school or by the local authority or Education and Library Board in Northern Ireland to transport the children to a regulated activity e.g. school, nursery.
People who transport vulnerable adults in settings other than those mentioned above, e.g. coach holidays targeted at older people. Such arrangements are part of people's private lives and should not be regulated activity.
Where vulnerable adults organise their own transport, such as an older person who books a taxi him/herself to travel to a day centre, driving such vehicles should not be classed as regulated activity as this is a private arrangement.
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