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Section 3 Care homes in EnglandF5I1

England and Wales

(1)

For the purposes of this Act, an establishment F1 in England is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.

(2)

They are—

(a)

persons who are or have been ill;

(b)

persons who have or have had a mental disorder;

(c)

persons who are disabled or infirm;

(d)

persons who are or have been dependent on alcohol or drugs.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

And an establishment F4... is not a care home if it is—

(a)

a hospital (within the meaning of the National Health Service Act 2006); or

(b)

a children's home,

or if it is of a description excepted by regulations.

Annotations

Textual amendments

F1

Words in s. 3(1) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 3(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F2

S. 3(3) repealed (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 3(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F3

S. 3(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F4

Words in s. 3(4) repealed (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 3(c); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

F5

S. 3 heading substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 3(d); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)

Commencement

I1

S. 3 wholly in force at 1.4.2002; s. 3 not in force at Royal Assent see s. 122; s. 3 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 3 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)