The Day Care Setting Regulations (Northern Ireland) 2007

Interpretation N.I.

2.—(1) In these Regulations—

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

[F1 “bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;]

[F2 “debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989, or Part 7A of the Insolvency Act 1986;

“debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989, or Schedule 4ZB to the Insolvency Act 1986;]

“general medical practitioner” means a medical practitioner providing primary medical services;

“health care professional” means a person who is registered as a member of any profession which is regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(1) or who is a clinical psychologist;

“inspection report” means a report prepared in relation to the day care setting under Article 42(7) of the Order;

“the Northern Ireland Social Care Council” means the body established under section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001(2);

“Nursing and Midwifery Council” means the body established under Article 3 of the Nursing and Midwifery Order 2001;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“personal care” has the same meaning as in Article 10(3) of the Order;

[F3 “the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;]

“registered manager” in relation to a day care setting means a person who is registered under Part III of the Order as the manager of the day care setting;

“registered person” in relation to a day care setting means any person who is the registered provider or registered manager in respect of the day care setting;

“registered provider” in relation to a day care setting means a person who is registered under Part III of the Order as a person carrying on the day care setting;

“relative” in relation to a service user, means—

(a)

the service user’s spouse or civil partner;

(b)

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the service user or his spouse or civil partner;

(c)

the spouse or civil partner of any relative within sub-paragraph (b) of this definition,

and for the purpose of determining any such relationship a service user’s step-child shall be treated as his child, and references to “spouse” include a former spouse and a person who is living with the service user as husband or wife and references to “civil partner” include a former civil partner and a person who is living with the service user as if they were civil partners;

[F3 “the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;]

“representative” means in relation to a service user, a person other than the registered person or a person employed in the day care setting, who with the service user’s express or implied consent takes an interest in the service user’s care and welfare;

“responsible individual” shall be construed in accordance with regulation 8(2)(c)(i);

“service user” means a person for whom day care is provided in the day care setting;

“service user’s guide” means the guide produced in accordance with regulation 5(1);

“service user’s plan” means the written plan prepared in accordance with regulation 16(1);

“social care worker” has the same meaning as in section 2(2) of the Health and Personal Social Services Act (Northern Ireland) 2001(3);

“statement of purpose” means the written statement compiled in accordance with regulation 4(1).

(2) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service or a contract for services and allowing a person to work as a volunteer.

Textual Amendments

F1 Words in reg. 2(1) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 41(2)

F2 Words in reg. 2(1) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 48(2)

F3 Words in reg. 2(1) inserted (21.10.2013) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers Regulations (Northern Ireland) 2013 (S.R. 2013/225), regs. 1, 12(2)

Commencement Information

I1 Reg. 2 in operation at 30.4.2007, see reg. 1

(1)

2002 c. 17

(2)

2001 c. 3 (N.I.)

(3)

2001 c. 3 (N.I.)