Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources