PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE
Interpretation
63Meaning 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.