# The Communications (Television Licensing) Regulations 2004, Paragraph 5

Extent: E+W+S+N.I.

(1) This paragraph applies to any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled or retired persons and which is—
(a) provided by a local authority under section 21(1)(a) of the National Assistance Act 1948 ;
(aa) provided to meet needs under sections 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);
(b) an independent school within the meaning of the Education Act 1996 —
(i) which provides accommodation for 50 or fewer children under the age of 18 years and which is not for the time being approved by the Secretary of State under section 347 of the Education Act 1996 ; and
(ii) which provides or is intended to provide residential accommodation with both board and personal care for children at the school who are in need of personal care by reason of being disabled, including by reason of a past or present mental disorder;
(c) an establishment—
(i) in England, that is carried on or managed by a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the establishment, and
(ii) in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as a care home within the meaning of section 3 of that Act, or who would be so registered but for regulation 3(1)(a) or (d) of the Care Homes (Wales) Regulations 2002;
(d) a care hospital; or
(e) an almshouse established as such before 1st November 1949.
(2) In sub-paragraph (1)(d) the reference to a care hospital is to—
(a) any establishment—
(i) in England, that is a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
(ii) in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as an independent hospital within the meaning of section 2 of that Act; or
(b) a health service hospital.
(3) In this paragraph—
“health service hospital” has the same meaning—
(a)in England, as in section 275 of the National Health Service Act 2006; and
(b)in Wales, as in section 206 of the National Health Service (Wales) Act 2006;
“personal care” means care which includes assistance with bodily functions where such assistance is required.

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Source: https://www.legislation.gov.uk/uksi/2004/692/schedule/4/paragraph/5 (the official version)
Page: https://openlegislation.uk/communications-television-licensing-regulations-2004/schedule-4/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

