PART 5INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE , PALLIATIVE CARE AND DIRECT PAYMENT SERVICES

Application of this Part

42Matters to which this Part applies

(1)

This Part applies to the following matters—

(a)

action taken by a care home provider in connection with the provision of accommodation, nursing or personal care in a care home in Wales;

(b)

action taken by a domiciliary care provider in connection with the provision of domiciliary care in Wales;

(c)

action taken by an independent palliative care provider in connection with the provision of a palliative care service in Wales;

F1(d)

action taken by a direct payment service provider in connection with the provision of direct payment services.

(2)

But this Part does not apply to—

(a)

matters which may be investigated under Part 3, or

(b)

matters described in Schedule 4.

(3)

The Welsh Ministers may by regulations amend Schedule 4 by—

(a)

adding an entry,

(b)

removing an entry, or

(c)

changing an entry.

(4)

Before making regulations under subsection (3), the Welsh Ministers must consult the Ombudsman.

(5)

No regulations are to be made under subsection (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(6)

For the meaning of the following terms see sections 62 to F264A—

“care home” (“cartref gofal”);

“care home provider” (“darparwr cartref gofal”);

F3“direct payment service” (“gwasanaeth taliadau uniongyrchol”);

F3“direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol);

“domiciliary care” (“gofal cartref”);

“domiciliary care provider” (“darparwr gofal cartref”);

“independent palliative care provider” (“darparwr gofal lliniarol annibynnol”)

“palliative care service” (“gwasanaeth gofal lliniarol”).