Regulation 3 Excepted establishments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of the Act, an establishment is excepted from being a care home if—

(a)

it is a health service hospital at which nursing is provided;

(b)

it provides accommodation, together with nursing, and is vested—

(i)

in the Secretary of State for the purposes of his functions under the National Health Service Act 1977^f1; or

(ii)

in an NHS trust^f2;

(c)

it is a university;

(d)

it is an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992^f3; or

(e)

it is a school.

(2)

For the purposes of paragraph (1), “university” includes—

(a)

any university college;

(b)

any college, or institution in the nature of a college, of a university.

(3)

The exception in paragraph (1)(d) does not apply if—

(a)

the establishment provides accommodation together with nursing or personal care to any person; and

(b)

the number of such persons is more than one tenth of the number of students to whom it provides both education and accommodation.

Annotations

f1: 1977 c. 49.
f2: See section 5 of the National Health Service and Community Care Act 1990 (c. 19) as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and section 13(1) of the Health Act 1999 (c. 8).
f3: 1992 c. 13.