Regulation 24 Exception: Hospices

(1)

Regulations 22(2) and 23(2) do not apply where the individual is residing in a hospice and has a terminal illness.

(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—

(a)

a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978) in Scotland,

(b)

a health service hospital (within the meaning of section 275(1) of the National Health Service Act 2006) in England,

(c)

a hospital in Wales vested in—

(i)

an NHS trust,

(ii)

a Local Health Board, or

(iii)

the Welsh Ministers,

for the purpose of functions under the National Health Service (Wales) Act 2006,

(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,

(e)

a hospital maintained or administered by the Defence Council, or

(f)

an institution similar to a hospital mentioned in any of the preceding sub-paragraphs.