Water Industry Act 1991

[F1Schedule 4AE+W Premises that are not to be disconnected for non-payment of charges

Textual Amendments

F1Sch. 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 M1Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the M2Caravan Sites Act 1968), or

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

Marginal Citations

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

F2Sch. 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.

[F34E+WA 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

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

6E+WPremises used for the provision of dental services by a person who under the M3Dentists Act 1984 is permitted to practise dentistry.

Marginal Citations

[F47E+WPremises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under [F5the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] .]

Textual Amendments

[F68(1)A care home or independent hospital.E+W

(2)In this paragraph—

  • “care home” means—

    (a)

    a care home [F7in England] within the meaning of the Care Standards Act 2000;

    (aa)

    [F8premises in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided;]

    (b)

    F9...

    (c)

    [F10a building or part of a building in which accommodation is provided under Part 1 of the Care Act 2014;]

    (d)

    [F11a building or part of a building—

    (i) in which accommodation is provided under Part 4 of the Social Services and Well-being (Wales) Act 2014F12...

    (F13ii) ...]

  • F14...

[F15(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

F6Sch. 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)

F169E+WA children’s home [F17in England] within the meaning of the Care Standards Act 2000.

Textual Amendments

F16Sch. 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)

10E+WA school within the meaning of the M4Education Act 1996.

Marginal Citations

[F1810AE+WA 16 to 19 Academy.]

Textual Amendments

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 M5Further and Higher Education Act 1992.

Marginal Citations

[F1912(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 F20...E+W

(2)Premises in Wales which are used for the provision of day care for children by a person who is registered under [F21Part 2 of the Children and Families (Wales) Measure 2010] in respect of the premises.]

Textual Amendments

F19Sch. 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 [F22removal 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 M6Prison Act 1952, including a contracted out prison within the meaning of Part IV of the M7Criminal Justice Act 1991,

(b)any secure training centre F23...

[F24(ba)a secure college, or]

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

(3)In this paragraph “ [F22removal centre]” means any premises which are used solely for detaining persons under the M8Immigration Act 1971 or the [F25Nationality, Immigration and Asylum Act 2002] , but which are not a part of a prison.

Textual Amendments

Marginal Citations

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

15E+WPremises occupied for the purposes of a [F26fire and rescue authority] .

Textual Amendments

F26Words 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

16E+WPremises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under [F27the National Health Service Act 2006 or the National Health Service (Wales) Act 2006][F28or by an NHS foundation trust] .]

Textual Amendments