{
  "url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-21",
  "json_url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-21.json",
  "legislation": "sdsi/2024/9780111059852",
  "legislation_title": "The Disability Assistance for Older People (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024",
  "path": "regulation/21",
  "kind": "regulation",
  "number": "21",
  "heading": "Exception: Hospices",
  "text": "(1) Regulations 19(2) and 20(2) do not apply where the individual is residing in a hospice and has a terminal illness.\n(2) 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—\n(a) a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978) in Scotland,\n(b) a health service hospital (within the meaning of section 275(1) of the National Health Service Act 2006) in England,\n(c) a hospital in Wales vested in—\n(i) an NHS trust,\n(ii) a Local Health Board, or\n(iii) the Welsh Ministers,\nfor the purpose of functions under the National Health Service (Wales) Act 2006,\n(d) a hospital or similar institution within the meaning of Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991, or\n(e) a hospital maintained or administered by the Defence Council, or\n(f) an institution similar to a hospital mentioned in any of the preceding sub-paragraphs.\n(3) In this regulation—\n“NHS trust” means a body established under section 18 of the National Health Service (Wales) Act 2006, and\n“Local Health Board” means a body established under section 11 of that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2006 c. 42."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111059852/regulation/21",
    "retrieved_at": "2026-10-30T15:29:18.588562+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}