# The Care Homes Regulations 2001, Regulation 3: Excepted establishments


(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; or
(ii) in an NHS trust;
(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; 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.

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Source: https://www.legislation.gov.uk/uksi/2001/3965/regulation/3 (the official version)
Page: https://openlegislation.uk/care-homes-regulations-2001/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.