PART 3Ill-treatment and wilful neglect
Offences by care workers and care providers
I128Meaning of “care worker” and “care provider” etc.
1
In this Part, “care worker” means—
a
an employee who provides adult health care or adult social care,
b
a volunteer who provides adult health care or adult social care,
c
an individual who supervises or manages employees or volunteers providing adult health care or adult social care,
d
a director or similar officer of an organisation whose employees or volunteers provide adult health care or adult social care.
2
For the purposes of subsection (1)—
a
“employee” means an individual in paid employment, whether under a contract of service or apprenticeship or under a contract for services,
b
“volunteer” means a volunteer for a body, other than a public or local authority, the activities of which are not carried on for profit.
3
In this Part, “care provider” means—
a
a body corporate, a partnership or an unincorporated association which provides or arranges for the provision of—
i
adult health care, or
ii
adult social care, or
b
an individual who provides that care and employs, or has otherwise made arrangements with, other persons to assist with the provision of that care.
4
In this section—
a
references to a person providing adult health care or adult social care do not include a person whose provision of that care is merely incidental to the carrying out of other activities by the person, and
b
references to a person arranging for the provision of that care do not include a person who makes arrangements under which the provision of care is merely incidental to the carrying out of other activities.
5
In this Part—
“adult health care” means a service for or in connection with the prevention, diagnosis or treatment of illness provided to an individual aged 18 or over—
- a
under the health service continued under section 1 of the National Health Service (Scotland) Act 1978, or
- b
by persons providing an independent health care service mentioned in section 10F(1) of that Act,
- a
“adult social care” means a service—
- a
in section 47(1)(a), (b), (d) or (m) of the Public Services Reform (Scotland) Act 2010 to the extent that the service is provided to an individual aged 18 or over, or
- b
in section 47(1)(g) or (j) of that Act to the extent that the service is provided to an individual aged 16 or over.
- a