The Domiciliary Care Agencies Regulations 2002

Interpretation

2.—(1) In these Regulations—

“the Act” means the Care Standards Act 2000;

“agency” means a domiciliary care agency;

“agency premises” means the premises from which the activities of an agency are carried on;

“direct service provider” 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” 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

(c)

is employed by a direct service provider,

in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;

“organisation” means a body corporate or any unincorporated association other than a partnership;

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

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

“responsible individual” shall be construed in accordance with regulation 7(2);

“service user” means any person for whom an agency—

(a)

supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); or

(b)

provides services for the purpose of supplying him with a domiciliary care worker for employment by him;

“service user’s guide” means the guide produced in accordance with regulation 5(1);

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

(2) In these Regulations, references to the supply of a domiciliary care worker mean—

(a) the supply of a domiciliary care worker who is employed by an agency to act for and under the control of another person;

(b) the introduction of a domiciliary care worker by an agency to a service user for employment by him; and

(c) the supply of a domiciliary care worker employed by a direct service provider to a service user.

(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.