The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

Residential care homes N.I.

10.—(1) For the purposes of this Order, an establishment is a residential care home if it provides or is intended to provide, whether for reward or not, residential accommodation with both board and personal care for persons in need of personal care by reason of—

(a) old age and infirmity;

(b) disablement;

(c) past or present dependence on alcohol or drugs; or

(d) past or present mental disorder.

(2) But an establishment is not a residential care home if it is—

(a) a hospital which is vested in the Department or managed by an [F1 HSC trust];

(b) a private hospital as defined in Article 90(2) of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(c) an establishment which is used, or is intended to be used, solely as a nursing home;

(d) a children's home;

(e) a university, or an institution of further education, college of education or school;

or if it is of a description excepted by regulations.

(3) In paragraph (1)—

• “disablement”, in relation to persons, means that they are substantially and permanently handicapped by illness, congenital deformity, sensory impairment or any other prescribed disability;

• “personal care” includes the provision of appropriate assistance in counteracting or alleviating the effects of any of the matters mentioned in paragraph (1)(a) to (d) and, in particular, includes—

  (a)

  action taken to promote rehabilitation;

  (b)

  assistance with physical or social needs; and

  (c)

  counselling,

  but does not include any prescribed activity.

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2