Ordinarily Resident in UK Law

Unless, therefore, it can be shown that the statutory framework or the lesal context in which the words are used requires a different meaning, I unhesitatingly subscribe to the view that "ordinarily resident" refers to a man's abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.

I think the converse to "ordinarily" is "extraordinarily" and that part of the regular order of a man's life, adopted voluntarily and for settled purposes, is not "extraordinary."

The point turns on the meaning of "ordinarily resident" in these statutes. If this were an income tax case he would, I expect, beheld to be ordinarily resident here. In these statutes "ordinarily resident" means lawfully ordinarily resident here. It is perfectly plain on the facts that Mr. Manan was not lawfully here at all. He continued to be guilty of an offence when he stayed here. He was continuously guilty of an offence under sections 4 and 4A of the 1962 Act.

There seems to me to be no perceptible difference between the three phrases, “resident”, “ordinarily resident” and “normally resident”. All three connote settled presence in a particular place other than under compulsion. Applying those tests to JM's circumstances and leaving aside the deeming provision in section 24(5) of the 1984 Act, JM was unquestionably resident at Ronau House when he was admitted to Sutton Hospital under section 3 of the 1983 Act.

Here the statute in need of construction is the 2006 NHS Act. As set out at [8] above, the Secretary of State's duty prescribed by section 1 is to continue the promotion in England of a comprehensive health service designed to secure improvement in the health “of the people of England”.

Traditionally we ought simply to apply the natural and ordinary meaning of the two words "ordinarily resident" in the context of this statute in 1962 at the time when it became law. If we were to do that here, I feel I would apply the test submitted by Mr. Lester. The words "ordinarily resident" mean that the person must be habitually and normally resident here, apart from temporary or occasional absences of long or short duration.

In my opinion it has no technical or special meaning for the purposes of the Income Tax Act. "Ordinarily resident" also seems to me to have no such technical or special meaning. A member of this House may well be said to be ordinarily resident in London during the Parliamentary session and in the country during the recess. If it has any definite meaning I should say it means according to the way in which a man's life is usually ordered.