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.