The Health and Personal Social Services(Northern Ireland) Order 1991

Exclusion of powers to provide accommodation in certain cases

26.  After Article 36 of the principal Order there shall be inserted the following Article—

“Exclusion of powers to provide accommodation under Article 15 or 36 in certain cases

36A.— (1) Subject to paragraph (2), no accommodation may be provided under Article 15 or 36 for any person who immediately before the date on which Article 26 of the 1991 Order comes into operation was ordinarily resident in—

(a) premises in respect of which any person is registered under Part I of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971;

(b) premises which do not fall within the definition of a nursing home in section 10(1) of that Act by reason only of their being maintained or controlled by a body of persons constituted by special Act of Parliament or incorporated by Royal Charter;

(c) a home for persons in need in respect of which any person is registered in accordance with Schedule 5; or

(d) premises which do not fall within the definition of a home for persons in need in Article 2(2) by reason only of their being managed or controlled by a public body constitutedby special Act of Parliament or incorporated by RoyalCharter.

(2) The Department may by regulations provide that, in such cases and subject to such conditions as may be prescribed, paragraph (1) shall not apply in relation to such classes of persons as may be prescribed.

(3) The Department shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of paragraph (1).

(4) This Article does not affect the validity of any contract made before the date mentioned in paragraph (1) for the provision of accommodation on or after that date or anything done in pursuance of such a contract.”.