The Residential Care Homes Regulations (Northern Ireland) 2005

Interpretation

2.—(1) In these Regulations –

“clinical trial” has the same meaning as in the Medicines for Human Use (Clinical Trials) Regulations 2004(1);

“ethics committee” has the same meaning as in the Medicines for Human Use (Clinical Trials) Regulations 2004;

“Fire Authority” means the Fire Authority for Northern Ireland within the meaning of the Fire Services (Northern Ireland) Order 1984(2);

“general medical practitioner” means a medical practitioner providing primary medical services;

“health care professional” means a person who is registered as a member of any profession which is regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(3) or who is a clinical psychologist or child psychotherapist;

“inspection report” means a report prepared in relation to the home under Article 42(7) of the Order;

“the Northern Ireland Social Care Council” means the body established under section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001(4);

“nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001(5) by virtue of qualification in nursing or midwifery as the case may be;

“Nursing and Midwifery Council” means the body established under Article 3 of the Nursing and Midwifery Order 2001;

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulations) (Northern Ireland) Order 2003;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“registered manager” in relation to a residential care home, means a person who is registered under Part III of the Order as the manager of the residential care home;

“registered person” in relation to a residential care home, means any person who is the registered provider or registered manager in respect of the residential care home;

“registered provider” in relation to a residential care home, means a person who is registered under under Part III of the Order as a person carrying on the residential care home;

“relative” in relation to any person, means –

(a)

the person’s spouse;

(b)

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of his;

(c)

the spouse of any relative within sub-paragraph (b) of this definition,

and for the purpose of determining any such relationship a person’s step-child shall be treated as his child, and references to “spouse” in relation to any person include a former spouse and a person who is living with the person as husband or wife;

“representative” means in relation to a resident, a person other than the registered person or a person employed at the home, who with the resident’s express or implied consent takes an interest in the resident’s health and welfare;

“resident” means a person for whom accommodation with board and personal care is provided in, or for the purposes of the residential care home;

“resident’s care plan” means the written plan prepared in accordance with regulation 16(1);

“resident’s guide” means the guide compiled in accordance with regulation 4(1);

“responsible individual” shall be construed in accordance with regulation 7(2)(c)(i);

“social care worker” including “social worker” has the meaning as defined in section 2 of the Health and Personal Social Services Act (Northern Ireland) 2001(6);

“staff” means persons employed by the registered person to work at the home but does not include a volunteer or a person employed under a contract for services;

“statement of purpose” means the written statement compiled in accordance with regulation 3(1).

(2) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service or a contract for services and allowing a person to work as a volunteer.

(1)

S.I. 2004/1031

(2)

S.I. 1984/1821 (N.I. 11)

(3)

2002 c. 17

(4)

2001 c. 3 (N.I.)

(5)

S.I. 2002/253

(6)

2001 c. 3 (N.I.)