Part VII Protection of children and vulnerable adults

Protection of vulnerable adults

I180 Basic definitions.

1

Subsections (2) to (7) apply for the purposes of this Part.

2

“Care worker” means—

a

an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom accommodation is provided at a care home;

b

an individual who is or has been employed in a position which is such as to enable him to have regular contact in the course of his duties with adults to whom prescribed services are provided by an independent hospital, an independent clinic, an independent medical agency or a National Health Service body;

c

an individual who is or has been employed in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

F1d

an individual who has entered into an agreement with a person within subsection 7(e) and is employed to provide support, care or accommodation to an adult (not being a relative of the individual) who is in need of it.

3

“Care position”, in relation to an individual, means a position such as is mentioned in F2subsection (2)(a) to (d).

4

“Employment” has the same meaning as in the M1Protection of Children Act 1999 (referred to in this Act as “the 1999 Act”); and references to an individual being employed shall be construed accordingly.

F34A

“Relative” in relation to an in individual mentioned in subsections (2)(d) and (6)(d) means—

a

a spouse F8or civil partner;

b

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the individual, or of his spouse F8or civil partner;

c

the spouse F8or civil partner of any relative within subsection (b) of this definition,

and for the purpose of determining any such relationship a person’s step child shall be treated as his or her child, F9. . . references to “spouse” include a former spouse and a person who is living with the person as if they were husband and wife F10 and references to “civil partner” include a former civil partner and a person who is living with the person as if they were civil partners.

5

“Supply worker”—

a

in relation to an employment agency, means an individual supplied by the agency for employment in a care position or for whom the agency has found employment in a care position;

b

in relation to an employment business, means an individual supplied by the business for employment in a care position.

6

“Vulnerable adult” means—

a

an adult to whom accommodation and nursing or personal care are provided in a care home;

b

an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; F4. . .

c

an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body;F5 or

d

an adult to whom support, care or accommodation is provided by an individual (not being a relative of that adult) under the terms of an agreement between that individual and a person within subsection (7)(e).

7

The persons who provide care for vulnerable adults are—

a

any person who carries on a care home;

b

any person who carries on a domiciliary care agency;

c

any person who carries on an independent hospital, an independent clinic or an independent medical agency, which provides prescribed services; F6. . .

d

a National Health Service body which provides prescribed servicesF7; and

e

any person who carries on a scheme under which an individual agrees with that person to provide support, care or accommodation to an adult who is in need of it.

8

Regulations for the purposes of this section or section 91, 93 or 103 may only be made by the Secretary of State; and before making any regulations for the purposes of this section or section 93 or 103 the Secretary of State shall consult the Assembly.