Section 34R Meaning of “care home” and “care home provider”F1

England and Wales

(1)

This section applies for the purposes of this Act.

(2)

“Care home” F2means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;

(3)

“Care home provider” means a person who F3is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over .

(4)

Action is to be treated as action taken by a care home provider if it is taken by—

(a)

a person employed by that provider,

(b)

a person acting on behalf of that provider, or

(c)

a person to whom that provider has delegated any functions.

(5)

Action is also to be treated as action taken by a care home provider if—

(a)

that provider provides, by means of an arrangement with another person, accommodation, nursing or F4care in a care home in Wales for an individual because of the individual's vulnerability or need, and

(b)

the action is taken by or on behalf of the other person in carrying out the arrangement.

(F56)

“Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

Annotations

Textual amendments

F1: Pts. 2A, 2B inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 2 (with Sch. 3 para. 3); S.I. 2014/2718, art. 2(b)
F2: Words in s. 34R(2) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F3: Words in s. 34R(3) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F4: Words in s. 34R(5) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F5: S. 34R(6) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 26(d); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

Notes on the whole Act

Textual amendments

F1: Act repealed in part (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 75(1)(2), 77(1) (with s. 74); S.I. 2019/1096, reg. 2