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

Children’s homes

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.