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The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Children’s homes

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9.—(1) Paragraphs (2) to (5) have effect for the purposes of this Order.

(2) An establishment is a children’s home (subject to paragraphs (3) and (4)) if it provides care and accommodation wholly or mainly for children.

(3) An establishment is not a children’s home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.

(4) An establishment is not a children’s home if it is—

(a)a hospital;

(b)a school;

(c)a residential care home;

(d)a nursing home;

(e)a juvenile justice centre;

(f)used primarily for the accommodation of homeless persons; or

(g)used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities,

or if it is of a description excepted by regulations.

(5) For the purposes of this Article a person is a foster parent in relation to a child if—

(a)he is an authority foster parent in relation to the child;

(b)he is a foster parent with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of the Children Order; or

(c)he fosters the child privately.

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