(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.
[F1(d)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.
[F3(4A)“Relative” in relation to an in individual mentioned in subsections (2)(d) and (6)(d) means—
(a)a spouse [F4or civil partner];
(b)any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the individual, or of his spouse [F4or civil partner];
(c)the spouse [F4or 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, F5. . . references to “spouse” include a former spouse and a person who is living with the person as if they were husband and wife [F6 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; F7. . .
(c)an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body;[F8 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; F9. . .
(d)a National Health Service body which provides prescribed services[F10; 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.
Textual Amendments
F1S. 80(2)(d) inserted (31.8.2004) by The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(2)
F2Words in s. 80(3) substituted (31.8.2004) by The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(3)
F3S. 80(4A) inserted (31.8.2004) by The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(4)
F4Words in s. 80(4A)(a)(b)(c) inserted (5.12.2005) by The Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005 (S.I. 2005/3029), art. 1, Sch. 1 para. 5(a)
F5Word in s. 80(4A) omitted (5.12.2005) by virtue of The Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005 (S.I. 2005/3029), art. 1, Sch. 1 para. 5(b)
F6Words in s. 80(4A) inserted (5.12.2005) by The Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005 (S.I. 2005/3029), art. 1, Sch. 1 para. 5(c)
F7S. 80(6): word preceding para. (c) omitted (31.8.2004) by virtue of The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(5)(a)
F8S. 80(6)(d) and preceding word inserted (31.8.2004) by The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(5)(b)
F9S. 80(7): word preceding para. (d) omitted (31.8.2004) by virtue of The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(6)(a)
F10S. 80(7)(e) and preceding word inserted (31.8.2004) by The Care Standards Act 2000 (Extension of Protection of Vulnerable Adults Scheme) Regulations 2004 (S.I. 2004/2070), reg. 2(6)(b)
Commencement Information
I1S. 80 partly in force; s. 80 not in force at Royal Assent see s. 122; s. 80(8) in force at 2.10.2000 for certain purposes by S.I. 2000/2544, art. 2(2)(a); s. 80 in force for certain purposes at 26.7.2004 by S.I. 2004/1757, art. 2
Marginal Citations