{
  "url": "https://openlegislation.uk/care-homes-regulations-2001/regulation-3",
  "json_url": "https://openlegislation.uk/care-homes-regulations-2001/regulation-3.json",
  "legislation": "uksi/2001/3965",
  "legislation_title": "The Care Homes Regulations 2001",
  "legislation_url": "https://openlegislation.uk/care-homes-regulations-2001",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Excepted establishments",
  "text": "(1) For the purposes of the Act, an establishment is excepted from being a care home if—\n(a) it is a health service hospital at which nursing is provided;\n(b) it provides accommodation, together with nursing, and is vested—\n(i) in the Secretary of State for the purposes of his functions under the National Health Service Act 1977; or\n(ii) in an NHS trust;\n(c) it is a university;\n(d) it is an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992; or\n(e) it is a school.\n(2) For the purposes of paragraph (1), “university” includes—\n(a) any university college;\n(b) any college, or institution in the nature of a college, of a university.\n(3) The exception in paragraph (1)(d) does not apply if—\n(a) the establishment provides accommodation together with nursing or personal care to any person; and\n(b) the number of such persons is more than one tenth of the number of students to whom it provides both education and accommodation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1977 c. 49."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1992 c. 13."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2004/696",
      "affecting_title": "The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2003/1845",
      "affecting_title": "The Care Homes (Adult Placements) (Amendment) Regulations 2003"
    },
    {
      "type": "am",
      "affecting": "uksi/2003/1845",
      "affecting_title": "The Care Homes (Adult Placements) (Amendment) Regulations 2003"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2004/2071",
      "affecting_title": "The Adult Placement Schemes (England) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2004/2071",
      "affecting_title": "The Adult Placement Schemes (England) Regulations 2004"
    },
    {
      "type": "added",
      "affecting": "uksi/2004/2071",
      "affecting_title": "The Adult Placement Schemes (England) Regulations 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3965/regulation/3",
    "retrieved_at": "2026-10-29T07:19:07.009064+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}