Public Services Ombudsman (Wales) Act 2005

[F1 Interpretation E+W

Textual Amendments

F1 Pts. 2A, 2B inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 2 (with Sch. 3 para. 3); S.I. 2014/2718, art. 2(b)

34R Meaning of “care home” and “care home provider” E+W

(1) This section applies for the purposes of this Act.

(2) “Care home” [F2 means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;]

(3) “Care home provider” means a person who [F3 is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over] .

(4) Action is to be treated as action taken by a care home 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 care home provider if—

(a) that provider provides, by means of an arrangement with another person, accommodation, nursing or [F4 care in a care home in Wales for an individual because of the individual's vulnerability or need,] and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

[F5 (6) “Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.]

Textual Amendments

F2 Words in s. 34R(2) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F3 Words in s. 34R(3) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F4 Words in s. 34R(5) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F5 S. 34R(6) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(d); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

34S Meaning of “domiciliary care” and “domiciliary care provider” E+W

(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.

34T Meaning of “palliative care service” and “independent palliative care provider” E+W

(1) This section applies for the purposes of this Act.

(2) “Palliative care service” means a service the main purpose of which is to provide palliative care.

(3) “Independent palliative care provider” means a person who—

(a) provides a palliative care service, and

(b) is not a Welsh health service body.

(4) Action is to be treated as action taken by an independent palliative 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 an independent palliative care provider if—

(a) that provider provides palliative 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.]