PART 1General
Interpretation2
1
In these Regulations—
“16 to 19 Academy” has the same meaning as in section 1B of the Academies Act 2010 M1;
“the Act” means the Health and Social Care Act 2008;
“the 1983 Act” means the Mental Health Act 1983 M2;
“the 2005 Act” means the Mental Capacity Act 2005 M3;
“the 2006 Act” means the National Health Service Act 2006 M4;
“the 2001 Order” means the Health and Social Work Professions Order 2001 M5;
“the 2010 Regulations” means the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 M6;
“employment” means—
- a
employment under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, and
- b
the grant of practising privileges by a service provider to a medical practitioner, giving permission to practice as a medical practitioner in a hospital managed by the service provider,
and “employed” and “employer” is to be construed accordingly;
- a
“employment agency” and “employment business” have the same meaning as in section 13 (interpretation) of the Employment Agencies Act 1973 M7;
“equipment” includes—
- a
a medical device (as defined in regulation 2(1) (interpretation) of the Medical Devices Regulations 2002) M8, and
- b
materials used in, or used by persons employed in, the carrying on of a regulated activity;
- a
“health care professional”, except in paragraph 4 of Schedule 1, means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 M9 (regulation of health professions, social workers, other care workers, etc) applies;
“health service body” means—
- a
an NHS trust established under section 25 of the 2006 Act,
- b
an NHS foundation trust, or
- c
a Special Health Authority;
- a
“hospital”, except in paragraphs 1(3)(d) and 5 of Schedule 1, has the same meaning as in section 275 (interpretation) of the 2006 Act;
“institution within the further education sector” has the same meaning as in section 91 (interpretation of Education Acts) of the Further and Higher Education Act 1992 M10;
“local anaesthesia” means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block;
“medical practitioner” means a registered medical practitioner;
“nominated individual” must be construed in accordance with regulation 6(2);
“nurse” means a registered nurse;
“nursing care” means any services provided by a nurse and involving—
- a
the provision of care, or
- b
the planning, supervision or delegation of the provision of care,
- a
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
“partnership” does not include a limited liability partnership;
“personal care” means—
- a
physical assistance given to a person in connection with—
- i
eating or drinking (including the maintenance of established parenteral nutrition),
- ii
toileting (including in relation to the process of menstruation),
- iii
washing or bathing,
- iv
dressing,
- v
oral care, or
- vi
the care of skin, hair and nails (with the exception of nail care provided by a person registered with the Health and Care Professions Council as a chiropodist or podiatrist pursuant to article 5 of the 2001 Order), or
- i
- b
the prompting, together with supervision, of a person, in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision;
- a
“premises” means—
- a
any building or other structure, including any machinery, engineering systems or other objects which are physically affixed and integral to such building or structure, and any surrounding grounds, or
- b
a vehicle,
- a
but in regulations 12, 14 and 15 does not include the service user's accommodation where such accommodation is not provided as part of the service user's care or treatment;
“reasonable adjustments” means such reasonable adjustments as would be required under the Equality Act 2010 M11;
“registered manager” means, in respect of a regulated activity, a person registered with the Commission M12 under Chapter 2 of Part 1 of the Act as a manager in respect of that activity;
“registered person” means, in respect of a regulated activity, a person who is the service provider or registered manager in respect of that activity;
“relevant person”, except in regulation 20, means the service user or, where the service user is under 16 and not competent to make a decision in relation to their care or treatment, a person lawfully acting on their behalf;
“school” has the same meaning as in section 4 of the Education Act 1996 M13;
“service provider” means, in respect of a regulated activity, a person registered with the Commission under Chapter 2 of Part 1 of the Act as a service provider in respect of that activity;
“service user” means a person who receives services provided in the carrying on of a regulated activity;
“shared lives agreement” means an agreement entered into between a person carrying on a shared lives scheme and an individual for the provision, by that individual, of personal care to a service user together with, where necessary, accommodation in the individual's home;
“shared lives carer” means an individual who, under the terms of a shared lives agreement, provides, or intends to provide, personal care for service users together with, where necessary, accommodation in the individual's home;
“shared lives scheme” means a scheme carried on (whether or not for profit) by a local authority or other person for the purposes of—
- a
recruiting and training shared lives carers,
- b
making arrangements for the placing of service users with shared lives carers, and
- c
supporting and monitoring placements;
- a
“social worker” means a person who is registered as such in Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the 2001 Order;
“treatment”, except in paragraph 5 of Schedule 1, includes—
- a
a diagnostic or screening procedure carried out for medical purposes,
- b
the ongoing assessment of a service user's mental or physical state,
- c
nursing, personal and palliative care, and
- d
the giving of vaccinations and immunisations;
- a
“vulnerable adult” has the same meaning as in section 60(1) (interpretation) of the Safeguarding Vulnerable Groups Act 2006 M14.
2
In the definition of “employment” in paragraph (1), the reference to otherwise than under a contract includes—
a
under a shared lives agreement;
b
under an agreement between the service provider and a temporary work agency for the supply of an agency worker to the service provider;
c
under arrangements for persons to provide their services voluntarily.
3
In paragraph (2)—
“agency worker” and “temporary work agency” have the same meaning as in the Agency Workers Regulations 2010 M15.