Health (Homes For Incapacitated Persons) Act, 1964


1.—(1) In this Act—

“incapacitated”, in relation to a person, means incapable of looking after himself by reason of—

(a) old age,

(b) physical infirmity or a physical injury, defect or disease, or

(c) mental infirmity or a mental handicap;

“home” means any premises in which incapacitated persons are maintained, excluding—

(a) premises in which no incapacitated person is maintained for private profit,

(b) premises in which not more than one incapacitated person is maintained,

(c) premises in which a majority of the persons being maintained are being treated for acute ailments by or under the control of medical or surgical specialists,

(d) a maternity home in respect of which a person is registered in the register of maternity homes under the Registration of Maternity Homes Act, 1934 , and in which incapacitated persons who are not maternity patients are not maintained, and

(e) a mental institution, within the meaning of the Mental Treatment Acts, 1945 to 1961,

but where—

(i) a person who is the spouse of the occupier of any premises or a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the occupier or of the spouse (if any) of the occupier is maintained in those premises, or

(ii) an incapacitated person who has become incapacitated while a resident in premises consisting of a bona fide hotel, guest-house or boarding-house is maintained in those premises for a period not exceeding one month,

such maintenance shall, for the purpose of this definition, be disregarded.

(2) The Health Acts, 1947 to 1960, and this Act shall be construed as one.

(3) Without prejudice to the generality of subsection (2) of this section, a reference in the Health Act, 1947 , to that Act shall, save where the context otherwise requires, be construed as including a reference to this Act.