The Communications (Television Licensing) Regulations 2004

Northern Ireland U.K.

8.— [F1 (1)]  In this Schedule in relation to Northern Ireland—

“accommodation for residential care” means, subject to paragraphs 12 and 13, either—

(a)

any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled or retired persons and which—

(i)

is provided by [F2 the Department of Health, Social Services and Public Safety] under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M1 ; [F3 or]

(ii)

[F4 is carried on or managed by a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 to carry on or manage the establishment as a residential care home or nursing home within the meaning of Article 10 or 11 of that Order, or who would be subject to registration under that Part but for Article 11(2)(a) of that Order;]

(b)

a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 3(4)(a) to (c) of this Schedule are dwellings which are provided or managed—

(i)

under the Housing (Northern Ireland) Order 1981 M2 ; or

(ii)

by a Housing Association within the meaning of the Housing (Northern Ireland) Order 1992 M3 ;

“mental disorder” means any mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 M4 ; and

“right to buy dwelling” is a dwelling owned by a person—

(a)

who bought the dwelling in exercise of his right to buy under Part II of the Housing (Northern Ireland) Order 1983 M5 as it had effect immediately before the day of the coming into operation of Article 96 of the Housing (Northern Ireland) Order 1992; or

(b)

who bought it under a scheme made under Article 3 of the Housing (Northern Ireland) Order 1983 as substituted by Article 96 of the Housing (Northern Ireland) Order 1992, or under an earlier scheme made by the Northern Ireland Housing Executive and having like effect[F5 ; or

(c)

who bought it under a scheme made under Article 3A of the Housing (Northern Ireland) Order 1983 as inserted by Article 131 of the Housing (Northern Ireland) Order 2003],

or any successor in title of such a person.

[F6 (2) For the purposes of this Schedule, in relation to Northern Ireland, a person is another’s foster child if—

(a) he has been placed with that person under Article 27(2)(a) or 75(1)(a) of the Children (Northern Ireland) Order 1995, or that other person fosters him privately within the meaning given by Article 106(1) of that Order; or

(b) he is the foster child of that person under the law of any other part of the British Islands.]

Textual Amendments

F1 Sch. 4 para. 8 renumbered as Sch. 4 para. 8(1) (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(6) (with reg. 10)

F2 Words in Sch. 4 para. 8(1) substituted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(7)(a) (with reg. 10)

F3 Word in Sch. 4 para. 8(1) inserted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(2)(a) (with reg. 9)

F4 Words in Sch. 4 para. 8(1) substituted (1.4.2006) by The Communications (Television Licensing) (Amendment) Regulations 2006 (S.I. 2006/619), regs. 1(1), 7(2)(b) (with reg. 9)

F5 Words in Sch. 4 para. 8(1) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(7)(b) (with reg. 10)

F6 Sch. 4 para. 8(2) inserted (1.4.2005) by The Communications (Television Licensing) (Amendment) Regulations 2005 (S.I. 2005/606), regs. 1(1), 8(8) (with reg. 10)

Marginal Citations

M1 S.I. 1972/1265 (N.I. 14); article 15 was amended by S.I. 1992/3204 (N.I. 20), article 37 and Schedule 1, S.I. 1991/194 (N.I. 1), article 34 and Schedule 5, the Immigration and Asylum Act 1999 (c. 33), section 121, and the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5) (N.I.), section 4 and the Schedule.

M2 S.I. 1981/156 (N.I. 3).

M3 S.I. 1992/1725 (N.I. 15). “Housing association” is defined in article 3.

M4 S.I. 1986/595 (N.I. 4).

M5 S.I. 1983/1118 (N.I. 15); Part II was amended by article 96 of S.I. 1992/1725 (N.I. 15).