Regulation 2 InterpretationI1

In these Regulations –

• 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;

• “clinical trial” has the same meaning as in the Medicines for Human Use (Clinical Trials) Regulations 2004^f1;

• F2“debt relief order” means an order made by the Official Receiver under Part 7A of the Insolvency (Northern Ireland) Order 1989,or Part 7A of the Insolvency Act 1986;

• “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“ethics committee” means a group of persons which assesses the ethics of research involving individuals and which is recognised for that purpose by or on behalf of the Department of Health, Social Services and Public Safety;

• “Fire Authority” means the Fire Authority for Northern Ireland within the meaning of the Fire Services (Northern Ireland) Order 1984^f2;

• “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^f3 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^f4;

• “nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001^f5 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;

• F4“the register” means the register of social care workers maintained by the Northern Ireland Social Care Council under section 3(1) of the 2001 Act;

• “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 –

  1. (a)

     the person’s spouse F5or civil partner ;

  2. (b)

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

  3. (c)

     the spouse or 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 F6references 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;

• “the relevant part” means that part of the register referred to in section 3(2) of the 2001 Act which is most relevant to that person, taking into account their current employment;

• “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^f6;

• “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).

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.