Paragraph 2 England and Wales

In this Schedule in relation to England and Wales—

• “accommodation for residential care” means, subject to paragraph 8 below, 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 section 21(1)(a) of the National Assistance Act 1948^f1; or

     2. (ii)

        is carried on by a person who is duly registered in respect thereof under Part I of the Registered Homes Act 1984^f2 or who would be so registered but for section 1(4) or 1(5)(j) of that Act; or

     3. (iii)

        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

     4. (iv)

        is an almshouse established as such before 1st November 1949; or

  2. (b)

     a group of specially provided dwellings in which the dwellings which satisfy the requirements of paragraph 1(b)(i) to (iii) are dwellings which are provided or managed—

     1. (i)

        under Part II of the Housing Act 1985^f3; or

     2. (ii)

        by a housing association within the meaning of the Housing Associations Act 1985^f4; or

     3. (iii)

        by a development corporation within the meaning of the New Towns Act 1981^f5 or by the Development Board for Rural Wales in accordance with section 3(2) of the Development of Rural Wales Act 1976^f6;

• “mentally disordered person” means a person who is suffering from any mental disorder within the meaning of the Mental Health Act 1983^f7;

• “pensionable age” has the same meaning as in Schedule 4 to the Pensions Act 1995^f8; and

• “a right to buy dwelling” is a dwelling owned by a person who bought it in exercise of his right to buy under Part V of the Housing Act 1985 or any successor in title of such a person.