The Communications (Television Licensing) Regulations 2004

Scotland

7.  In this Schedule in relation to Scotland—

“accommodation for residential care” means, subject to paragraphs 12 and 13, either—

(a)

any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled or retired persons and—

(i)

which is provided by a local authority under sections 12, 13A, 13B and 59 of the Social Work (Scotland) Act 1968(1), or section 7 of the Mental Health (Scotland) Act 1984(2);

(ii)

at which a care service is provided (within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001(3)) and that service is registered under Part 1 or Part 2 of that Act; or

(iii)

which is a health service hospital; or

(b)

a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) of this Schedule are dwellings which are provided or managed—

(i)

under Part 1 of the Housing (Scotland) Act 1987(4);

(ii)

by a registered social landlord within the meaning of section 57 of the Housing (Scotland) Act 2001((5)); or

(iii)

by Scottish Homes under section 1 of the Housing (Scotland) Act 1988(6);

“health service hospital” has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978(7);

“mental disorder” means any mental disorder within the meaning of the Mental Health (Scotland) Act 1984(8); and

“right to buy dwelling” is a dwelling owned by a person who bought the dwelling in exercise of his right to buy under Part III of the Housing (Scotland) Act 1987 or any successor in title of such a person.

(1)

1968 c. 49; section 12 was amended by the National Health Service and Community Care Act 1990 (c. 19), section 66(1) and Schedule 9, paragraph 10(5), the Children (Scotland) Act 1995 (c. 36), section 105(4) and Schedule 4, paragraph 15(11), the Community Care (Residential Accommodation) Act 1998 (c. 19), sections 2 and 3(2), the Immigration and Asylum Act 1999 (c. 33), section 120(1), the Community Care and Health (Scotland) Act 2002 (asp 5), section 3, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 13A was amended by the Immigration and Asylum Act 1999 (c. 33), section 120(2), the Regulation of Care (Scotland) Act 2001 (asp 8), sections 72, 79 and Schedule 3, paragraph 4, the Community Care and Health (Scotland) Act 2002 (asp 5), Schedule 2, paragraph 1, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 13B was amended by the Immigration and Asylum Act 1999 (c. 33), section 120, and the Nationality, Immigration and Asylum Act 2002 (c. 41), section 46. Section 59 was amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 10(7), the Children (Scotland) Act 1995 (c. 36), Schedule 4, and by the Regulation of Care (Scotland) Act 2001 (asp 8), section 72.

(2)

1984 (c. 36); section 7(b) was amended by the Adults with Incapacity Act (Scotland) 2000 (asp 4), section 88(3) and Schedule 6 to delete the phrase ‘under the following provisions of this Act’. This follows the transfer of guardianship provisions from the Mental Health (Scotland) Act 1984 (c. 36) to the Adults with Incapacity Act (Scotland) 2000 (asp 4).

(3)

2001 asp 8.

(4)

1987 c. 26.

(5)

2001 asp 10.

(6)

1988 c. 43; section 1 was amended by the Housing (Scotland) Act 2001, section 112 and Schedule 10, paragraph 14(1), (2)(a) and (2)(b)(i) - (2)(b)(iv). Scottish Homes continue to exercise their functions under section 1(3)(b) of the Housing (Scotland) Act 1988 (c. 43) by virtue of regulation 3(a) of S.S.I. 2001/397.

(7)

1978 c. 29; the definition of “health service hospital” was amended by the National Health Service and Community Care Act 1990 (c. 19), section 66(1) and Schedule 9, paragraph 19(22)(b).

(8)

1984 c. 36; the definition of “mental disorder” was amended by the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 (asp 1), section 3(1)(a), to include after ‘mental illness’ ‘(including personality disorder)’.