PART 1GENERAL

InterpretationI12

In these Regulations—

  • “the 1997 Act” means the Police Act 19972;

  • “adult placement agency” means a voluntary organisation or undertaking carried on by an HSS Trust or Board or other person, the activities of which consist of or include:

    1. a

      arranging for placing a person in need, with an adult placement carer for the provision of care and support (which may include accommodation);

    2. b

      recruiting and training adult placement carers;

    3. c

      supporting and monitoring placements,

    but does not include arrangements made by a person solely for the provision of care and support for his relative;

  • “adult placement carer” means a person who enters into an agreement with an adult placement agency to provide care or support for persons in need, which may include accommodation in the carers home;

  • “agency” means an adult placement agency carried on by a registered provider;

  • “agency premises” means premises where the management of the agency is carried on;

  • “approval panel” means the panel appointed by an adult placement agency for the purpose of approving applications to the agency from prospective carers;

  • F1bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;

  • Board” means a Health and Social Services Board;

  • “carer agreement” shall be construed in accordance with regulation 16;

  • “complaints procedure” shall be construed in accordance with regulation 22;

  • 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;

  • “home”, where a person has more than one home, means the home where the person ordinarily resides;

  • 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;

  • “placement” means an arrangement whereby an adult is provided with care or support by an adult placement carer;

  • “placement agreement” shall be construed in accordance with regulation 12;

  • “placing authority” means a Health and Social Services Trust or Health and Social Services Board or other person with responsibility for commissioning personal social services for service users;

  • “registered manager” means a person who is registered under Part III of the Order as the manager of the agency;

  • “registered person” means any person who is the registered provider or the registered manager in respect of the agency;

  • “registered provider” means a person who is registered under Part III of the Order as the person carrying on the agency, and references to carrying on an agency shall be construed accordingly;

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

    1. a

      the service user’s spouse or civil partner;

    2. b

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

    3. 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;

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

  • “responsible individual” has the meaning given to it in regulation 7(2)(c)(i) of these Regulations;

  • “service user” in relation to an agency, means an adult who may be or is placed by the agency;

  • “service user’s plan” means the plan prepared in accordance with regulation 19;

  • “social worker” shall be construed in accordance with section 2 of the Health and Personal Social Services Act (Northern Ireland) 20013;

  • “staff” in relation to an agency, means persons, other than adult placement carers, who work for the purposes of the agency;

  • “statement of purpose” means the written statement compiled in accordance with regulation 3;

  • “vulnerable adult” has the same meaning as in the Protection of Children and Vulnerable Adults (Northern Ireland) Order 20034;

  • “work” includes work of any kind, whether paid or unpaid, and whether under a contract or apprenticeship, under a contract for services, or otherwise than under a contract.