Water Industry Act 1991

[F1 Schedule 4A E+W Premises that are not to be disconnected for non-payment of charges

Textual Amendments

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. 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 M1 Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M2 Caravan Sites Act 1968), or

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

Marginal Citations

M1 1960 c.62.

M2 1968 c.52.

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. E+W

[F2 (2) In this paragraph “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act).]

Textual Amendments

F2 Sch. 4A para. 2(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270, {Sch. 15 para. 36)}; S.I. 2006/1060, art. 2(1)(d); S.I. 2006/1535, art. 2(b)

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.

[F3 4 E+W A hospital as defined by section 275 of the National Health Service Act 2006 in relation to England or section 206 of the National Health Service (Wales) Act 2006 in relation to Wales.]

Textual Amendments

F3 Sch. 4A para. 4 substituted (6.4.2010) by The Health and Social Care Act 2008 (Consequential Amendments) Order 2010 (S.I. 2010/750), arts. 1(1), 2

5 E+W Premises used for the provision of medical services by a registered medical practitioner.

6 E+W Premises used for the provision of dental services by a person who under the M3 Dentists Act 1984 is permitted to practise dentistry.

Marginal Citations

M3 1984 c.24.

[F4 7 E+W Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under [F5 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] .]

Textual Amendments

F4 Sch. 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)

F5 Words in Sch. 4A para. 7 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 139(a)

[F6 8 (1) A care home or independent hospital. E+W

(2) In this paragraph—

• “care home” means—

  (a)

  a care home within the meaning of the Care Standards Act 2000;

  (b)

  a building or part of a building in which residential accommodation is provided under section 21 of the M4 National Assistance Act 1948;

• F7 ...

[F8 (3) In this paragraph “independent hospital”, in relation to England, means—

(a) an establishment, not being a health service hospital as defined by section 275 of the National Health Service Act 2006,—

(i) the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

(ii) in which (whether or not other services are provided) any of the services listed in sub-paragraph (5) are provided; or

(b) any other establishment, not being a health service hospital as so defined, in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983.

(4) In this paragraph “independent hospital”, in relation to Wales, means an independent hospital within the meaning of the Care Standards Act 2000.

(5) The services referred to in sub-paragraph (3)(a)(ii) are as follows—

(a) medical treatment under anaesthesia or intravenously administered sedation;

(b) dental treatment under general anaesthesia;

(c) obstetric services and, in connection with childbirth, medical services;

(d) termination of pregnancies;

(e) cosmetic surgery, other than—

(i) ear and body piercing,

(ii) tattooing,

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes, or

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

(6) In sub-paragraph (3)(a)(i)—

(a) “illness” includes any injury; and

(b) “mental disorder” has the same meaning as in the Mental Health Act 1983.]]

Textual Amendments

F6 Sch. 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)

F7 Words in Sch. 4A para. 8(2) omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010 (S.I. 2010/2224), arts. 1(1), 2(a)

F8 Sch. 4A para. 8(3)-(6) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.3) Order 2010 (S.I. 2010/2224), arts. 1(1), 2(b)

Marginal Citations

M4 1948 c. 29.

F9 9 E+W A children’s home within the meaning of the Care Standards Act 2000.

Textual Amendments

F9 Sch. 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)

10 E+W A school within the meaning of the M5 Education Act 1996.

Marginal Citations

M5 1996 c.56.

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 M6 Further and Higher Education Act 1992.

Marginal Citations

M6 1992 c.13.

[F10 12 (1) Premises in England which are used for the provision of childcare by a person who is registered (otherwise than as a childminder) under Part 3 of the Childcare Act 2006 in respect of the premises. E+W

(2) Premises in Wales which are used for the provision of day care for children by a person who is registered under Part 10A of the Children Act 1989 in respect of the premises.]

Textual Amendments

F10 Sch. 4A para. 12 substituted (6.4.2007) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 19; S.I. 2007/1019, art. 4 (with savings in Sch. para. 4)

13 (1) A prison or [F11 removal 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 M7 Prison Act 1952, including a contracted out prison within the meaning of Part IV of the M8 Criminal Justice Act 1991,

(b) any secure training centre within the meaning of section 43(1)(d) of the M9 Prison Act 1952, or

(c) a naval, military or air force prison.

(3) In this paragraph “ [F11 removal centre]” means any premises which are used solely for detaining persons under the M10 Immigration Act 1971 or the [F12 Nationality, Immigration and Asylum Act 2002] , but which are not a part of a prison.

Textual Amendments

F11 Words 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.

F12 Words 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

M7 1952 c.52.

M8 1991 c.53.

M9 1952 c.52.

M10 1971 c.77.

14 E+W Premises occupied for the purposes of a police force.

15 E+W Premises occupied for the purposes of a [F13 fire and rescue authority] .

Textual Amendments

F13 Words in Sch. 4A para. 15 substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 78}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2

16 E+W Premises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under [F14 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006][F15 or by an NHS foundation trust] .]

Textual Amendments

F14 Words in Sch. 4A para. 16 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 139(b)

F15 Words 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