# The Children’s Homes Regulations 2001, Regulation 3: Excepted establishments


(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;
(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; and
(f) any institution provided for young offenders under or by virtue of section 43(1) of the Prison Act 1952.
(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, and day care is not provided for him during that time.

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Source: https://www.legislation.gov.uk/uksi/2001/3967/regulation/3 (the official version)
Page: https://openlegislation.uk/childrens-homes-regulations-2001/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.