Regulation 3 Excepted establishments

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

reg. 3(2) words substituted by Residential Holiday Schemes for Disabled Children 2013 reg. 36
reg. 3(1)(aa) inserted by Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 10(2)
reg. 3(1)(c) word substituted by Children’s Homes 2011 reg. 4(a)(i)
reg. 3(1)(c) words substituted by Children’s Homes 2011 reg. 4(a)(ii)
reg. 3(3) word substituted by Children’s Homes 2011 reg. 4(b)

(1)

For the purposes of the Act, establishments of the following descriptions are excepted from being a children’s home—

(a)

any institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992^f1;

(b)

subject to paragraph (2), any establishment providing accommodation for children for less than 28 days in any twelve month period in relation to any one child, for the purposes of—

(i)

a holiday; or

(ii)

recreational, sporting, cultural or educational activities;

(c)

subject to paragraph (2), any premises at which a person provides day care within the meaning of Part XA of the 1989 Act for less than 28 days in any twelve month period in relation to any one child;

(d)

subject to paragraph (2), any establishment providing accommodation for children aged 16 and over—

(i)

to enable them to undergo training or apprenticeship;

(ii)

for the purposes of a holiday; or

(iii)

for recreational, sporting, cultural or educational purposes;

(e)

any approved bail hostel or approved probation hostel^f2; and

(f)

any institution provided for young offenders under or by virtue of section 43(1) of the Prison Act 1952^f3.

(2)

The exceptions in paragraphs (1)(b), (c) and (d) do 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 Act.

(3)

For the purposes of calculating the period of 28 days mentioned in paragraph (1)(c), no account is to be taken of any period of 24 hours during which at least 9 hours are spent by a child in the care of his parent or relative^f4, and day care is not provided for him during that time.

Annotations

Footnotes

f1: 1992 c. 13.
f2: See section 9 (2) of the Criminal Justice and Court Services Act 2000 (c. 43).
f3: c. 52. Amended by section 170(1) of and paragraphs 11 and 12 of Schedule 15, and Schedule 16, to the Criminal Justice Act 1988 (c. 33); sections 5(2), 18(3) and 168(3) of and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33); section 119 of, and paragraph 6 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37); and section 165(1) of, and paragraph 5 of Schedule 9 to, the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6). Subsection (1)(a) of section 43 is to be repealed by sections 59 and 75 of, and Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c. 43) on a date to be appointed.
f4: By section 121(1) of the Care Standards Act 2000, “relative” has the same meaning as in the 1989 Act.