SCHEDULE 4 Accommodation for Residential Care Licences

PART 2 Interpretation

Northern Ireland

8.  In this Schedule in relation to Northern Ireland—

“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 which—

(i)

is provided by the Department of Health and Social Services for Northern Ireland under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972(1);

(ii)

is carried on by a person who is duly registered in respect thereof under Part II of the Registered Homes (Northern Ireland) Order 1992(2) or who would be so registered but for Article 3(2)(f) or 4(4) of that Order; or

(iii)

is carried on by a person who is duly registered in respect thereof under Part III of the Registered Homes (Northern Ireland) Order 1992 or who would be so registered but for Article 16(2)(a) or (b) of that Order; 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 the Housing (Northern Ireland) Order 1981(3); or

(ii)

by a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992(4);

“mental disorder” means any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986(5); and

“right to buy dwelling” is a dwelling owned by a person—

(a)

who bought the dwelling in exercise of his right to buy under Part II of the Housing (Northern Ireland) Order 1983(6) as it had effect immediately before the day of the coming into operation of Article 96 of the Housing (Northern Ireland) Order 1992; or

(b)

who bought it under a scheme made under Article 3 of the Housing (Northern Ireland) Order 1983 as substituted by Article 96 of the Housing (Northern Ireland) Order 1992, or under an earlier scheme made by the Northern Ireland Housing Executive and having like effect,

or any successor in title of such a person.

(1)

S.I. 1972/1265 (N.I. 14); article 15 was amended by S.I. 1992/3204 (N.I. 20), article 37 and Schedule 1, S.I. 1991/194 (N.I. 1), article 34 and Schedule 5, the Immigration and Asylum Act 1999 (c. 33), section 121, and the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5) (N.I.), section 4 and the Schedule.

(2)

S.I. 1992/3204 (N.I. 20).

(3)

S.I. 1981/156 (N.I. 3).

(4)

S.I. 1992/1725 (N.I. 15). “Housing association” is defined in article 3.

(5)

S.I. 1986/595 (N.I. 4).

(6)

S.I. 1983/1118 (N.I. 15); Part II was amended by article 96 of S.I. 1992/1725 (N.I. 15).