Meaning of“residential care home”
3.—(1) Subject to paragraph (2), in this Order “residential care home” means any establishment which provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personal care by reason of—
(a)old age and infirmity;
(b)disablement;
(c)past or present dependence on alcohol or drugs; or
(d)past or present mental disorder.
(2) The definition in paragraph (1) does not include—
(a)any establishment which is used, or is intended to be used, solely as a nursing home;
(b)any hospital which is vested in the Department or managed by an HSS trust;
(c)any private hospital, as defined in Article 90(2) of the Mental Health (Northern Ireland) Order 1986(1);
(d)any voluntary home or HSS home within the meaning of the Children and Young Persons Act (Northern Ireland) 1968(2) or any home or hostel provided under Part VII of that Act;
(e)a university, or an institution of further education, college of education or school within the meaning of the Education and Libraries (Northern Ireland) Order 1986(3);
(f)any establishment managed or provided by a government department, a Board, an HSS trust or by any other body constituted by a statutory provision or incorporated by Royal Charter;
(g)any other establishment excepted from that definition by regulations.
(3) In paragraph (1)—
“disablement”, in relation to persons, means that they are substantially and permanently handicapped by illness, injury, congenital deformity, sensory impairment or any other prescribed disability;
“mental disorder” has the meaning given by Article 3 of the Mental Health (Northern Ireland) Order 1986(4).
(4) In this Order “personal care” includes the provision of appropriate assistance in counteracting or alleviating the effects of any of the matters mentioned in paragraph (1)(a) to (d) and, in particular, includes—
(a)action taken to promote rehabilitation;
(b)assistance with physical or social needs; and
(c)counselling.