Paragraph 2

In relation to Scotland—

• “accommodation for residential care” means either—

  1. (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 persons, mentally disordered persons or retired persons of pensionable age and which—

     1. (i)

        is provided by a local authority under sections 12 and 59 of the Social Work (Scotland) Act 1968^f1; or

     2. (ii)

        is carried on by a person who is duly registered in respect thereof under section 62 or 63 of that Act; or

     3. (iii)

        is, or in respect of which the person carrying on the establishment is, exempt from registration under section 62 or 63 of the Act by virtue of section 61; or

     4. (iv)

        is carried on by a person who is duly registered in respect thereof under the Nursing Homes Registration (Scotland) Act 1938^f2 or who would be so registered but for section 10(3)(a) of that Act; or

  2. (b)

     a group of at least four dwellings 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 I of the Housing (Scotland) Act 1987^f3; or

     2. (ii)

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

     3. (iii)

        by a development corporation within the meaning of the New Towns (Scotland) Act 1968^f4; or

     4. (iv)

        by the Scottish Special Housing Association under their memorandum and articles of association;

  “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Scotland Act 1984^f5;

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