The Personal Community Charge (Exemptions) Order 1989

Patients in homes

4.—(1) The definition of hostel set out in paragraph (2) below is prescribed under paragraph 9(4) of Schedule 1 to the Act.

(2) A hostel is–

(a) a bail hostel or probation hostel approved under section 49(1) of the Powers of Criminal Courts Act 1973(1), or

(b) a building or part of a building–

(i) which is solely or mainly used for the provision of residential accommodation in other than separate and self-contained sets of premises, together with personal care, for persons who require such personal care by reason of old age, disablement, past or present alcohol or drug dependence or past or present mental disorder, and

(ii) which is not a residential care home, nursing home or mental nursing home for the purposes of paragraph 9 of Schedule 1 to the Act.

(3) In paragraph (2)(b) “disablement” means a disablement within the meaning of Part I of the Registered Homes Act 1984(2), and “personal care” has the same meaning as in that Part.

(4) The definition of residential care home set out in paragraph (5) below is substituted for that set out in paragraph 9(2) of Schedule 1 to the Act.

(5) A residential care home is–

(a) an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;

(b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948(3) or paragraph 2(1)(a) of Schedule 8 to the National Health Service Act 1977(4); or

(c) a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, including all bodies corporate or unincorporate which are affiliated to that Society.

(1)

1973 c. 62; section 49(1) was amended by the Criminal Law Act 1977 (c. 45), Schedule 12, paragraph 6, and Schedule 13.

(2)

1984 c. 23; see section 20(1).

(3)

1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2(1), the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44, and Schedule 5, the Housing (Homeless Persons) Act 1977 (c. 48), the Schedule, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5, and the Health Services Act 1980 (c. 53), Schedule 1, paragraph 5.

(4)

1977 c. 49.