Regulation 2 InterpretationI1

In these Regulations—

• “the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

• “agency” means a domiciliary care agency;

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

• F1“bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;

• F2“debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

• “debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989, or Schedule 4ZB to the Insolvency Act 1986;

• “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—

  1. (a)

     is employed by an agency to act for, and under the control of, another person;

  2. (b)

     is introduced by an agency to a service user for employment by him; or

  3. (c)

     is employed by a direct service provider,

  in a position which is concerned with the provision of prescribed services in their own homes for persons who by reason of illness, infirmity, disability or family circumstances are unable to provide any such service for themselves without assistance;

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

• “personal care” has the same meaning as in Article10(3) of the Order;

• “prescribed services” shall be construed in accordance with regulation 3;

• F3“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

• “registered manager”, in relation to an agency, means a person who is registered under Part III of the Order as the manager of the agency;

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

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

• “relative” in relation to a service user, means—

  1. (a)

     the service user’s spouse or civil partner;

  2. (b)

     any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the service user, or his spouse or civil partner;

  3. (c)

     the spouse or civil partner of any relative within sub-paragraph (b) of this definition,

  and for the purpose of determining any such relationship a service user’s step-child shall be treated as his child, and references to “spouse” include a former spouse and a person who is living with the service user as husband or wife and references to “civil partner” include a former civil partner and a person who is living with the service user as if they were civil partners;

• “the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;

• “representative” means in relation to a service user, a person other than the registered person or a person employed by the agency, who with the service user’s express or implied consent, takes an interest in the service user’s health and welfare;

• “responsible individual” shall be construed in accordance with regulation 8(2);

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

  1. (a)

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

  2. (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 6(1);

• “service user plan” means the written plan prepared in accordance with regulation 15(2);

• “statement of purpose” means the written statement compiled in accordance with regulation 5(1).

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

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.