PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

Interpretation

I162Meaning of “care home” and “care home provider”

1

This section applies for the purposes of this Act.

2

Care home” means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided wholly or mainly to persons aged 18 or over.

3

Care home provider” means a person who is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over.

4

Action is to be treated as action taken by a care home provider if it is taken by—

a

a person employed by that provider,

b

a person acting on behalf of that provider, or

c

a person to whom that provider has delegated any functions.

5

Action is also to be treated as action taken by a care home provider if—

a

that provider provides, by means of an arrangement with another person, accommodation, nursing or care in a care home in Wales for an individual because of the individual's vulnerability or need, and

b

the action is taken by or on behalf of the other person in carrying out the arrangement.

6

Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

I363Meaning of “domiciliary care” and “domiciliary care provider”

1

This section applies for the purposes of this Act.

2

Domiciliary care” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

3

Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who—

a

carries on the activity otherwise than in partnership with others,

b

is not employed by a body corporate or unincorporated association to carry it on,

c

does not employ any other person to carry out the activity, and

d

provides or arranges the provision of domiciliary care to fewer than four persons.

4

Action is to be treated as action taken by a domiciliary care provider if it is taken by—

a

a person employed by that provider,

b

a person acting on behalf of that provider, or

c

a person to whom that provider has delegated any functions.

5

Action is also to be treated as action taken by a domiciliary care provider if—

a

that provider provides domiciliary care by means of an arrangement with another person, and

b

the action is taken by or on behalf of the other person in carrying out the arrangement.

I264Meaning of “palliative care service” and “independent palliative care provider”

1

This section applies for the purposes of this Act.

2

Palliative care service” means a service the main purpose of which is to provide palliative care.

3

Independent palliative care provider” means a person who—

a

provides a palliative care service, and

b

is not a Welsh health service body.

4

Action is to be treated as action taken by an independent palliative care provider if it is taken by—

a

a person employed by that provider,

b

a person acting on behalf of that provider, or

c

a person to whom that provider has delegated any functions.

5

Action is also to be treated as action taken by an independent palliative care provider if—

a

that provider provides palliative care by means of an arrangement with another person, and

b

the action is taken by or on behalf of the other person in carrying out the arrangement.