SCHEDULES

F1Schedule 4A Premises that are not to be disconnected for non-payment of charges

Annotations:
Amendments (Textual)
F1

Sch. 4A inserted (30.6.1999) by 1999 c. 9, ss. 1(2), 17(2), Sch. 1

1

1

Any dwelling which is occupied by a person as his only or principal home.

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 Part I of the M1Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M2Caravan Sites Act 1968), or

c

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

2

1

Any house in multiple occupation which does not constitute a dwelling within the meaning of paragraph 1 above and in which any person has his only or principal home.

2

In this paragraph “house in multiple occupation” has the meaning given by section 345(1) of the M11Housing Act 1985.

3

1

Accommodation for the elderly in which a person has his only or principal home.

2

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

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.

4

A hospital within the meaning of section 11 of the M3Public Health (Control of Disease) Act 1984.

5

Premises used for the provision of medical services by a registered medical practitioner.

6

Premises used for the provision of dental services by a person who under the M4Dentists Act 1984 is permitted to practise dentistry.

7

1

Premises used for the provision of personal medical services or personal dental services under a pilot scheme.

2

In this paragraph “personal medical services”, “personal dental services” and “pilot scheme” have the same meaning as in Part I of the M12National Health Service (Primary Care) Act 1997.

8

1

A residential care home, nursing home or mental nursing home.

2

In this paragraph—

  • “mental nursing home” means anything which is a mental nursing home within the meaning of the M13Registered Homes Act 1984;

  • “nursing home” means anything which is a nursing home within the meaning of the Registered Homes Act 1984 or which would be but for section 21(3)(a) of that Act;

  • “residential care home” means—

    1. a

      an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) (small homes) or section 1(5)(j) of that Act (establishments managed or provided by government departments, etc.), or

    2. b

      a building or part of a building in which residential accommodation is provided under section 21 of the M14National Assistance Act 1948.

9

1

A children’s home.

2

In this paragraph “children’s home” means—

a

a community home within the meaning of section 53 of the M15Children Act 1989,

b

a voluntary home within the meaning of section 60(3) of that Act,

c

a children’s home registered under Part VIII of that Act,

d

a home providing (or usually providing or intended to provide) care and accommodation for three or fewer children at any one time, other than a home which is (or would, if it provided care and accommodation for more than three children at any one time, be) exempted from registration under Part VIII of that Act—

i

by or under any of subsections (4), (5), (7) or (12) of section 63 of that Act, or

ii

by regulations made for the purposes of subsection (3) of that section by the Secretary of State.

10

A school within the meaning of the M5Education Act 1996.

11

1

Premises used by an institution within the further education sector or an institution within the higher education sector for, or in connection with, the provision of education.

2

In this paragraph the references to an institution within the further education sector or within the higher education sector are to be construed in accordance with section 91 of the M6Further and Higher Education Act 1992.

12

Premises used for the provision of day care for children by a person who is registered under F2PartXA of the Children Act 1989 in respect of the premises.

13

1

A prison or detention centre.

2

In this paragraph “prison” means—

a

any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the M7Prison Act 1952, including a contracted out prison within the meaning of Part IV of the M8Criminal Justice Act 1991,

b

any secure training centre within the meaning of section 43(1)(d) of the M9Prison Act 1952, or

c

a naval, military or air force prison.

3

In this paragraph “detention centre” means any premises which are used solely for detaining persons under the M10Immigration Act 1971 or the M16Asylum and Immigration Appeals Act 1993, but which are not a part of a prison.

14

Premises occupied for the purposes of a police force.

15

Premises occupied for the purposes of a fire brigade maintained in pursuance of the M17Fire Services Act 1947.

16

Premises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under Part I of the M18National Health Service and Community Care Act 1990.