SCHEDULE 12Care services: definitions

1

(1)

A “support service” is a service provided, by reason of a person's vulnerability or need (other than vulnerability or need arising by reason only of that person being of a young age), to that person or to someone who cares for that person by—

(a)

a local authority;

(b)

any person under arrangements made by a local authority;

(c)

a health body; or

(d)

any person if it includes personal care or personal support.

(2)

But—

(a)

the expression does not include a care home service, an independent health care service (within the meaning of section 10F of the National Health Service (Scotland) Act 1978 (c. 29)), a service which provides overnight accommodation, an adoption service, a fostering service or a service excepted from this definition by regulations;

(b)

paragraphs (c) and (d) do not apply where the provider is a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c. 29);

(c)

paragraph (d) does not apply if the provider is an individual who personally and solely gives the care or support in question.