Regulation 2 InterpretationI1

In these Regulations –

• “applicant” means a person seeking to be registered;

• F1“bankruptcy restrictions order” means an order made under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 or Schedule 4A to the Insolvency Act 1986;

• F2“debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986;

• F3“direct service provider” means a provider who supplies a domiciliary care worker who is employed by, and who acts for and under the control of, the provider;

• “domiciliary care service user” means any person for whom a domiciliary care agency—

  • supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); or

  • provides services for the purpose of supplying him with a domiciliary care worker for employment by him;

• “domiciliary care worker” means a person who—

  • is employed by a domiciliary care agency to act for and under the control of , another person;

  • is introduced by a domiciliary care agency to a domiciliary care service user for employment by him; or

  • is employed by a direct service provider, in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;

• “personal care” has the same meaning as in the Domiciliary Care Agencies Regulations (Northern Ireland) 2007

• “placement plan” shall be construed in accordance with F4Regulation 12 of the Children’s Homes Regulations (Northern Ireland) 2005;

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

• “holding company” has the meaning given to it by Article 4 of the Companies (Northern Ireland) Order 1986^f1;

• “nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001^f2 by virtue of qualifications in nursing or midwifery;

• “nursing agency service user” means a person to whom a nursing agency –

  1. (a)

     supplies a nurse who is employed by the agency; or

  2. (b)

     provides services for the purposes of supplying him with a nurse for employment by him;

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

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

• “registered” means registered under Part III of the Order;

• “registered manager” means a person who is registered as the manager of an establishment or agency;

• “registered person” means a person who is the registered provider or registered manager in respect of an establishment or agency;

• “registered provider” means a person who is registered as a person carrying on an establishment or agency;

• “registration” means registration under Part III of the Order;

• F5“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority

• “relative”, in relation to any person, means –

  1. (a)

     the person’s spouse F6or civil partner ;

  2. (b)

     any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of F7the person or the person’s spouse or civil partner ;

  3. (c)

     the spouse F8or civil partner 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 F9references to “spouse or civil partner”, in relation to any person, include a former spouse or former civil partner and a person who is living with the person as if they were spouses of each other;

• “representative” means, in relation to a service user, a person, other than the registered person or a person employed at or for the purposes of the establishment or agency, who with the service user’s express or implied consent takes an interest in the service user’s health and welfare;

• “responsible individual” means an individual who is a director, manager, secretary or other officer of an organisation and is responsible for supervising the management of an establishment or agency;

• “responsible person” means –

  1. (a)

     where the applicant is an individual –

     1. (i)

        the applicant; and

     2. (ii)

        if the applicant carries on or intends to carry on the establishment or agency in partnership with others, each partner of his;

  2. (b)

     where the applicant is a partnership, each member of the partnership;

  3. (c)

     where the applicant is an organisation, the responsible individual;

• “service user” means any person who is to be provided with accommodation or services in an establishment, or by an agency;

• “statement of purpose” means –

  1. (a)

     in relation to a residential care home, the written statement required to be compiled in relation to the residential care home in accordance with regulation 4 of the Residential Care Home Regulations (Northern Ireland) 2005^f3;

  2. (b)

     in relation to a nursing home, the written statement required to be compiled in relation to the nursing home in accordance with regulation 4 of the Nursing Homes Regulations (Northern Ireland) 2005^f4;

  3. (c)

     in relation to a children’s home, the written statement required to be compiled in relation to the children’s home in accordance with regulation 4 of the Children’s Homes Regulations (Northern Ireland) 2005^f5;

  4. (d)

     in relation to an independent hospital, independent clinic or independent medical agency, the written statement required to be compiled in relation to the independent hospital, independent clinic or independent medical agency in accordance with regulation 6 of the Independent Health Care Regulations (Northern Ireland) 2005^f6;

  5. (e)

     in relation to a nursing agency the written statement required F10to be compiled in accordance with regulation 4 of the Nursing Agencies Regulations (Northern Ireland) 2005^f7;

  6. (f)

     F11in relation to a day care setting the written statement required to be compiled in accordance with regulation 4 of the Day Care Settings Regulations (Northern Ireland) 2007;

  7. (g)

     in relation to a residential family care centre, the written statement required to be compiled in accordance with regulation 3 of the Residential Family Centres Regulations (Northern Ireland) 2007;

  8. (h)

     in relation to a domiciliary care agency the written statement required to be prepared in accordance with regulation 5 of the Domiciliary Care Agencies Regulations (Northern Ireland) 2007;

  9. (i)

     in relation to an adult placement agency the written statement required to be compiled in accordance with regulation 3 of the Adult Placement Agencies Regulations (Northern Ireland) 2007;

  10. (j)

      F12In relation to a voluntary adoption agency the written statement required to be compiled in accordance with regulation 4 of the Voluntary Adoption Agencies Regulations (Northern Ireland) 2010 ;

  11. (k)

      In relation to an establishment or agency of any other description, a written statement of the aims and objectives of the establishment or agency.

• “subsidiary” has the meaning given to it by Article 4 of the Companies (Northern Ireland) Order 1986^f8.

In these Regulations, references to an establishment or agency are to be construed as references –

In these Regulations –