The Adult Placement Agencies Regulations (Northern Ireland) 2007

Interpretation N.I.

2.  In these Regulations—

“the 1997 Act” means the Police Act 1997(1);

“adult placement agency” means a voluntary organisation or undertaking carried on by an HSS Trust or Board or other person, the activities of which consist of or include:

(a)

arranging for placing a person in need, with an adult placement carer for the provision of care and support (which may include accommodation);

(b)

recruiting and training adult placement carers;

(c)

supporting and monitoring placements,

but does not include arrangements made by a person solely for the provision of care and support for his relative;

“adult placement carer” means a person who enters into an agreement with an adult placement agency to provide care or support for persons in need, which may include accommodation in the carers home;

“agency” means an adult placement agency carried on by a registered provider;

“agency premises” means premises where the management of the agency is carried on;

“approval panel” means the panel appointed by an adult placement agency for the purpose of approving applications to the agency from prospective carers;

[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;]

“Board” means a Health and Social Services Board;

“carer agreement” shall be construed in accordance with regulation 16;

“complaints procedure” shall be construed in accordance with regulation 22;

[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;]

“home”, where a person has more than one home, means the home where the person ordinarily resides;

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

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

“placement” means an arrangement whereby an adult is provided with care or support by an adult placement carer;

“placement agreement” shall be construed in accordance with regulation 12;

“placing authority” means a Health and Social Services Trust or Health and Social Services Board or other person with responsibility for commissioning personal social services for service users;

“registered manager” means a person who is registered under Part III of the Order as the manager of the agency;

“registered person” means any person who is the registered provider or the registered manager in respect of the agency;

“registered provider” means a person who is registered under Part III of the Order as the person carrying on the agency, and references to carrying on an agency shall be construed accordingly;

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

(a)

the service user’s spouse or civil partner;

(b)

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

(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;

“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” has the meaning given to it in regulation 7(2)(c)(i) of these Regulations;

“service user” in relation to an agency, means an adult who may be or is placed by the agency;

“service user’s plan” means the plan prepared in accordance with regulation 19;

“social worker” shall be construed in accordance with section 2 of the Health and Personal Social Services Act (Northern Ireland) 2001(2);

“staff” in relation to an agency, means persons, other than adult placement carers, who work for the purposes of the agency;

“statement of purpose” means the written statement compiled in accordance with regulation 3;

“vulnerable adult” has the same meaning as in the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(3);

“work” includes work of any kind, whether paid or unpaid, and whether under a contract or apprenticeship, under a contract for services, or otherwise than under a contract.

Textual Amendments

F1 Words in reg. 2(1) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 40(2)

F2 Words in reg. 2(1) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 47(2)

Commencement Information

I1 Reg. 2 in operation at 30.4.2007, see reg. 1

(1)

1997 c. 50

(2)

2001 c. 3 (N.I.)

(3)

2003 No. 417 (N.I. 4)