Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

28 Meaning 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,

• “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.