The Residential Family Centres Regulations (Northern Ireland) 2007

Interpretation N.I.

2.—(1) In these Regulations—

[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;]

“child protection enquiry” means any enquiries carried out by an HSS trust in the exercise of any of its functions conferred by or under the Children Order relating to the protection of children;

[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 1989;]

“family” means a child and his parent accommodated or to be accommodated together in a residential family centre;

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

“health care professional” has the same meaning as in Article 15C of the Health and Personal Social Services (Northern Ireland) Order 1972(1);

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

“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;

“placement plan” means the written plan prepared in accordance with regulation 15;

“placing authority” means, in relation to a family, the HSS trust or other body that has arranged for the family to be accommodated in a residential family centre;

[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;]

“relative” in relation to any person, means—

(a)

the person’s spouse or civil partner;

(b)

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of his 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 person’s step-child shall be treated as his child, and references to “spouse” in relation to any person include a former spouse and a person who is living with the person as husband or wife and references to “civil partner” include a former civil partner and a person who is living with the person 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 resident, a person other than the registered person or a person employed by the residential family centre, who with the registered person’s express or implied consent takes an interest in the resident’s care and welfare;

“registered manager”, in relation to a residential family centre, means a person who is registered under Part III of the Order as the manager of the residential family centre;

“registered person”, in relation to a residential family centre, means any person who is the registered provider or the registered manager of the residential family centre;

“registered provider”, in relation to a residential family centre, means a person who is registered under Part III of the Order as the person carrying on the residential family centre;

“resident” means a person for whom accommodation with board and personal care is provided for the purposes of the residential family centre;

“responsible individual” shall be construed in accordance with regulation 7 (2)(c)(i); and

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

“statement of purpose” means the written statement compiled in accordance with regulation 3(1).

(2) In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.

(3) 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. 43(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. 50(2)

F3 Words in reg. 2(1) inserted (27.10.2017) by The Northern Ireland Social Care Council (Social Care Workers Prohibition) and Fitness of Workers (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/207), regs. 1(1), 13(2)

Commencement Information

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

(1)

S.I. 1972/1265 (N.I. 14) Article 15C was inserted by Article 6(3) of the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2))

(2)

S.I. 2001 c. 3 (N.I.)