# The Children's Homes (England) Regulations 2015, Regulation 3: Excepted establishments

Extent: E+W

(1) For the purposes of the Care Standards Act 2000, establishments of the following descriptions are excepted from being a children's home—
(a) an institution within the further education sector, as defined by section 91(3) of the Further and Higher Education Act 1992 ;
(b) a 16 to 19 Academy, other than a secure 16 to 19 Academy, as those terms are defined by section 1B of the Academies Act 2010 ;
(c) an establishment—
(i) that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children for the purposes of a holiday, or for cultural, educational, recreational or sporting activities; and
(ii) at which accommodation for any one child is not provided for those purposes for more than 27 days in any twelve month period;
(d) premises—
(i) that would (apart from this sub-paragraph) be a home merely because they are used to provide childcare; and
(ii) at which such childcare is not provided in relation to any one child for more than 27 days in any twelve month period;
(e) an establishment that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children aged 16 and over—
(i) to enable the children to undergo an apprenticeship or training;
(ii) for the purposes of a holiday; or
(iii) for cultural, educational, recreational or sporting purposes;
(f) an establishment that would (apart from this sub-paragraph) be a home merely because it provides care and accommodation for children as a holiday scheme for disabled children, as defined in regulation 2 of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 ;
(g) an approved bail hostel or an approved probation hostel;
(h) an institution provided for the detention of young offenders under section 43(1) of the Prison Act 1952 .
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The exception in paragraph (1)(d) does not apply to any establishment or premises in which the children who are accommodated are wholly or mainly of a description falling within section 3(2) of the Care Standards Act 2000.
(3) In determining for the purposes of paragraph (1)(d) whether accommodation has been provided for more than 27 days, no account is to be taken of any day which includes a period of 9 hours or more during which—
(a) the child is in the care of a parent or relative; and
(b) childcare is not provided for that child.

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Source: https://www.legislation.gov.uk/uksi/2015/541/regulation/3 (the official version)
Page: https://openlegislation.uk/childrens-homes-england-regulations-2015/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.