Commentary on Sections Schedule 4: Ill-treatment or wilful neglect by care worker: excluded health care Section 22: Care provider offence: excluded care providers
241.Section 22 makes provision for certain types of organisation to be excluded from the meaning of “care provider” for the purposes of section 21.
242.Subsection (1) provides for local authorities in England to be excluded care providers when performing certain functions, including when providing health care as part of an integrated package of services in the exercise of its functions in respect of children’s social care and when exercising its social services functions in relation to children.
243.Subsection (2) and (3) provides for organisations which have entered into arrangements with a local authority in England to exercise functions similar to those covered by subsection (1) to be excluded to the extent that they are carrying out those functions.
244.Subsection (4) and (5) makes provision for local authorities in Wales, and organisations that have entered into arrangements with a local authority in Wales to exercise functions on its behalf, to be excluded care providers to the same extent as those in England.
245.Subsection (6) makes provision for registered adoptions societies or registered adoption support agencies to be excluded care providers when providing adoption support services.
246.Subsections (7) and (8) define “local authority” and “child”, “registered adoption society” and “registered adoption support agency” respectively for the purposes of this section.