Regulation 29 Exception: HospicesI1
Scotland
Regulations 27(2) and 28(2) do not apply where the individual is residing in a hospice and has a terminal illness.
In this regulation, “hospice” means a hospital or other institution whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages, other than—
a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978f1) in Scotland,
a health service hospital (within the meaning of section 275(1) of the National Health Service Act 2006f2) in England,
a hospital in Wales vested in—
an NHS trust,
a Local Health Board, or
the Welsh Ministers,
for the purpose of functions under the National Health Service (Wales) Act 2006f3,
a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991,
a hospital maintained or administered by the Defence Council, or
an institution similar to a hospital mentioned in any of the preceding sub-paragraphs.
In this regulation—
“NHS trust” means a body established under section 18 of the National Health Service (Wales) Act 2006, and
“Local Health Board” means a body established under section 11 of that Act.
Annotations
Textual amendments
- F1
Reg. 29(2)(ca) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 16(3)
Commencement
Footnotes
- f1
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1978 c. 29. Section 108(1) was relevantly amended by paragraph 6(a) of schedule 6 of the Health Services Act 1980 (c. 53) and paragraph 19(22)(b) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19).
- f2
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2006 c. 41. Section 275 was relevantly amended by paragraph 138(2)(b) of schedule 4(12) of the Health and Social Care Act 2012 (c. 7).
- f3