SCHEDULES

F1Schedule 4A Premises that are not to be disconnected for non-payment of charges

Annotations:
Amendments (Textual)
F1

Sch. 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.

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.

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.

F82

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).

3

1

Accommodation for the elderly in which a person has his only or principal home.

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.

F214

A 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.

5

Premises used for the provision of medical services by a registered medical practitioner.

6

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

F57

Premises not falling within paragraph 5 or 6 above which are used for the provision of primary medical services or primary dental services under F10the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 .

F28

1

A care home or independent hospital.

2

In this paragraph—

  • “care home” means—

    1. a

      a care home F17in England within the meaning of the Care Standards Act 2000;

    2. aa

      F24premises 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;

    3. b

      F23...

    4. c

      F26a building or part of a building in which accommodation is provided under Part 1 of the Care Act 2014;

    5. d

      F18a building or part of a building—

      (i) in which accommodation is provided under Part 4 of the Social Services and Well-being (Wales) Act 2014F27...

      (F25ii) ...

  • F28...

F223

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.

F39

A children’s home F16in England within the meaning of the Care Standards Act 2000.

F199A

Premises in Wales at which a secure accommodation service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided.

10

A school within the meaning of the M4Education Act 1996.

F1410A

A 16 to 19 Academy.

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.

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.

F1112

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 F29...

2

Premises in Wales which are used for the provision of day care for children by a person who is registered under F13Part 2 of the Children and Families (Wales) Measure 2010 in respect of the premises.

13

1

A prison or F4removal centre .

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 F20...

F15ba

a secure college, or

c

a naval, military or air force prison.

3

In this paragraph “F4removal centre” means any premises which are used solely for detaining persons under the M8Immigration Act 1971 or the F6Nationality, Immigration and Asylum Act 2002 , but which are not a part of a prison.

14

Premises occupied for the purposes of a police force.

15

Premises occupied for the purposes of a F9fire and rescue authority .

16

Premises occupied for the purposes of the provision of an ambulance service by a National Health Service trust established under F12the National Health Service Act 2006 or the National Health Service (Wales) Act 2006F7or by an NHS foundation trust .