Paragraph 1

In relation to England and Wales—

• “accommodation for residential care” means either—

  1. (a)

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

     1. (i)

        is provided by a local authority under section 21(1)(a) of the National Assistance Act 1948^f1; or

     2. (ii)

        as provided by a local social services authority under paragraph 2(1) of Schedule 8 to the National Health Service Act 1977^f2; or

     3. (iii)

        is carried on by a person who is duly registered in respect thereof under Part I of the Registered Homes Act 1984^f3 or who would be so registered bu for section 1(4) or section 1(5)(j) of that Act; or

     4. (iv)

        is carried on by a person who is duly registered in respect thereof under Part II of the Registered Homes Act 1984 or who would be so registered but for section 21(3)(a) of that Act; or

     5. (v)

        is an establishment referred to in section 1(2)(e) of the Registered Homes Act 1980^f4 (and this paragraph shall continue to have effect notwithstanding the repeal of that Act; or

  2. (b)

     a group of at least four dwelling within a common and exclusive boundary specially provided for disabled persons, mentally disordered persons or retired persons of pensionable age and provided or managed—

     1. (i)

        under part II of the Housing Act 1985^f5; or

     2. (ii)

        by a housing association within the meaning of the Housing Associations Act 1985^f6; or

     3. (iii)

        by a development coproration within the meaning of the New Towns Act 1981^f7 or by the Development Board for Rural Wales in accordance with section 3(2) of the Development of Rural Wales Act 1976^f8;

  “mentally disordered person” means a person who is seffering from any mental disorder within the meaning of the Mental Health Act 1983^f9;

• “pensionable age” has the same meaning as in the Social Security Act 1975^f10.