The Water and Sewerage Services (Northern Ireland) Order 2006

Article 100

SCHEDULE 2 N.I. PREMISES NOT TO BE DISCONNECTED FOR NON-PAYMENT OF CHARGES

1.—(1) Any dwelling which is occupied by a person as his only or principal home. N.I.

(2) In this paragraph “dwelling” means—

(a) a private dwelling-house (which may be a building or part of a building);

(b) a caravan within the meaning of section 25(1) of the Caravans Act (Northern Ireland) 1963 (c. 17);

(c) a boat or similar structure designed or adapted for use as a place of permanent habitation.

Commencement Information

I1 Sch. 2 para. 1 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

2.—(1) Any house in multiple occupation which does not constitute a dwelling within the meaning of paragraph 1 and in which any person has his only or principal home. N.I.

(2) In this paragraph “house in multiple occupation” has the meaning given by [F1 section 1 of the Houses in Multiple Occupation Act (Northern Ireland) 2016] .

Textual Amendments

F1 Words in Sch. 2 para. 2(2) substituted (1.4.2019) by Houses in Multiple Occupation Act (NorthernIreland) 2016 (c. 22), s. 90(2), Sch. 7 para. 8; S.R. 2019/39, art. 2 (with art. 3)

Commencement Information

I2 Sch. 2 para. 2 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

3.—(1) Accommodation for the elderly in which a person has his only or principal home. N.I.

(2) In this paragraph “accommodation for the elderly” means residential accommodation to which sub-paragraph (3) or (4) applies, but which is not a dwelling within the meaning of paragraph 1 or a house in multiple occupation within the meaning of paragraph 2.

(3) This sub-paragraph applies to residential accommodation—

(a) which is particularly suitable, having regard to its location, size, design, heating systems and other features, for occupation by elderly persons,

(b) which it is the practice of the landlord to let for occupation by persons aged 60 or more, and

(c) where the services of a warden are provided.

(4) This sub-paragraph applies to any building or part of a building designed or adapted for use as residential accommodation for elderly persons.

Commencement Information

I3 Sch. 2 para. 3 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

4.  A hospital within the meaning of Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14). N.I.

Commencement Information

I4 Sch. 2 para. 4 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

5.—(1) Premises used— N.I.

(a) for the provision of primary medical services by a medical practitioner;

(b) for the provision of general dental services or personal dental services;

(c) for the provision of pharmaceutical services by a registered pharmacist.

(2) Expressions used in this paragraph have the same meanings as in the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14).

Commencement Information

I5 Sch. 2 para. 5 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

6.  Any of the following (within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9)— N.I.

(a) a children's home;

(b) an independent clinic;

(c) an independent hospital;

(d) a residential care home;

(e) a nursing home.

Commencement Information

I6 Sch. 2 para. 6 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

7.  A school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (NI 3). N.I.

Commencement Information

I7 Sch. 2 para. 7 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

8.—(1) Premises used by— N.I.

(a) an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997 (NI 15);

(b) a higher education institution within the meaning of Article 30 of the Education and Libraries (Northern Ireland) Order 1993 (NI 12).

Commencement Information

I8 Sch. 2 para. 8 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

9.  Premises used for the provision of day care for children by a person who is registered under Part XI of the Children (Northern Ireland) Order 1995 (NI 2) in respect of the premises. N.I.

Commencement Information

I9 Sch. 2 para. 9 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

10.  A prison, young offenders centre or juvenile justice centre. N.I.

Commencement Information

I10 Sch. 2 para. 10 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

11.  Any premises which are used solely for detaining persons under the Immigration Act 1971 (c. 77) or the Nationality, Immigration and Asylum Act 2002 (c. 41). N.I.

Commencement Information

I11 Sch. 2 para. 11 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

12.  Premises occupied for the purposes of the police. N.I.

Commencement Information

I12 Sch. 2 para. 12 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

13.  Premises occupied for the purposes of the Northern Ireland Fire and Rescue Service Board. N.I.

Commencement Information

I13 Sch. 2 para. 13 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

14.  Premises occupied for the purposes of the provision of an ambulance service by the Northern Ireland Ambulance Service Health and Social Services Trust. N.I.

Commencement Information

I14 Sch. 2 para. 14 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)