- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/05/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2004
Point in time view as at 28/05/2004.
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1(1)Any dwelling which is occupied by a person as his only or principal home.E+W
(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 M3Housing Act 1985.
3(1)Accommodation for the elderly in which a person has his only or principal home.E+W
(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.
4E+WA hospital within the meaning of section 11 of the M4Public Health (Control of Disease) Act 1984.
5E+WPremises used for the provision of medical services by a registered medical practitioner.
6E+WPremises used for the provision of dental services by a person who under the M5Dentists Act 1984 is permitted to practise dentistry.
[F27Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under Part 1 of the National Health Service Act 1977.]
Textual Amendments
F2Sch. 4A para. 7 substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199, Sch. 11 para. 58; S.I. 2004/288, art. 5(2)(v) (as amended by S.I. 2004/866, S.I. 2004/1009 and S.I. 2005/2925); S.I. 2004/480, art. 4(2)(z) (as amended by S.I. 2006/345)
[F38(1)A care home or independent hospital.E+W
(2)In this paragraph—
“care home” means—
a care home within the meaning of the Care Standards Act 2000;
a building or part of a building in which residential accommodation is provided under section 21 of the M6National Assistance Act 1948;
“independent hospital” means an independent hospital within the meaning of the Care Standards Act 2000.]
Textual Amendments
F3Sch. 4A paras. 8, 9 substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 18; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions and savings in arts. 3(4)-(10), Schs. 1-3)
Marginal Citations
F49E+WA children’s home within the meaning of the Care Standards Act 2000.
Textual Amendments
F4Sch. 4A paras. 8, 9 substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 18; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions and savings in arts. 3(4)-(10), Schs. 1-3)
10E+WA school within the meaning of the M7Education 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.E+W
(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 M8Further and Higher Education Act 1992.
12Premises used for the provision of day care for children by a person who is registered under [F5PartXA] of the Children Act 1989 in respect of the premises.
Textual Amendments
F5Words in Sch. 4A para. 12 substituted (2.7.2001 for E. and 1.4.2002 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 19; S.I. 2001/2041, art. 2(1)(d)(i) (with transitional provisons and savings in art. 3, Sch.); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions and savings in art. 3(4)-(10), Sch. 1-3)
13(1)A prison or [F6removal centre] .E+W
(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 M9Prison Act 1952, including a contracted out prison within the meaning of Part IV of the M10Criminal Justice Act 1991,
(b)any secure training centre within the meaning of section 43(1)(d) of the M11Prison Act 1952, or
(c)a naval, military or air force prison.
(3)In this paragraph “ [F6removal centre]” means any premises which are used solely for detaining persons under the M12Immigration Act 1971 or the [F7Nationality, Immigration and Asylum Act 2002] , but which are not a part of a prison.
Textual Amendments
F6Words in Sch. 4A para. 13 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(p), 162(2); S.I. 2003/1, art. 2, Sch.
F7Words in Sch. 4A para. 13(3) substituted (4.4.2003) by The Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016), art. 3, Sch. para. 5
Marginal Citations
14E+WPremises occupied for the purposes of a police force.
15Premises occupied for the purposes of a fire brigade maintained in pursuance of the M13Fire Services Act 1947.
16Premises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under Part I of the M14National Health Service and Community Care Act 1990 [F8or by an NHS foundation trust] .]
Textual Amendments
F8Words in Sch. 4A para. 16 inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 119, Sch. 4 para. 90; S.I. 2004/759, art. 2
Marginal Citations
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