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The Domiciliary Care Agencies (Wales) Regulations 2004

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

the Act” (“y Ddeddf”) means the Care Standards Act 2000;

“agency” (“asiantaeth”) means a domiciliary care agency;

“agency premises” (“mangre'r asiantaeth”) means the premises from which the activities of an agency are carried on;

“appropriate office of the National Assembly” (“swyddfa briodol y Cynulliad Cenedlaethol”) means in relation to an agency —

(a)

if an office of the National Assembly has been specified under regulation 32 for the area in which the agency premises are situated, that office; or

(b)

in any other case, any office of the National Assembly;

“direct service provider” (“darparydd gwasanaeth uniongyrchol”) means a provider who supplies a domiciliary care worker who is employed by and who acts for and under the control of the provider;

“domiciliary care worker” (“gweithiwr gofal cartref”) means a person who—

(a)

is employed by the agency to act for, and under the control of, another person;

(b)

is introduced by an agency to a service user for employment by him or her; or

(c)

is employed by a direct service provider,

to provide personal care in the homes of and for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;

“employment agency” (“asiantaeth gyflogi”) has the same meaning as in the Employment Agencies Act 1973(1);

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“organisation” (“corff”) means a body corporate;

“registered manager” (“rheolwr cofresredig”) in relation to an agency, means a person who is registered under Part II of the Act as the manager of the agency;

“registered person” (“person cofresredig”) in relation to an agency, means any person who is the registered provider or the registered manager of the agency;

“registered provider”(“darparydd cofresredig”) in relation to an agency, means a person who is registered under Part II of the Act as the person carrying on the agency;

“relative”(“perthynas”) in relation to any person, means —

(a)

the person’s spouse;

(b)

any lineal ancestor, lineal descendant, brother, sister, uncle, aunt, nephew or niece of the person or the person’s spouse;

(c)

the spouse of any relative within sub-paragraph (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, and references to “spouse” include a former spouse and a person who is living with the person as if he or she were the person’s husband or (as the case may be) wife;

“representative” (“cynrychiolydd”) in relation to a service user, means a person, other than the registered person or a person employed for the purposes of the agency, who with the service user’s express or implied consent takes an interest in the service user’s health and welfare;

“responsible individual” (“unigolyn cyfrifol”) shall be construed in accordance with regulation 8(2)(a);

“service user” (“defnyddiwr gwasanaeth”) means any person for whom an agency arranges the provision of personal care in the person’s own home;

“service user’s guide” (“arweiniad defnyddiwr gwasanaeth”) means the written information prepared in accordance with regulation 5(1);

“staff” (“staff”) means persons employed by the registered person for the purposes of the agency;

“statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 4(1).

(2) In these Regulations, a reference —

(a)to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b)in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(3) In these Regulations the terms “employed” and “employment” include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.

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