SCHEDULES

SCHEDULE 4Ill-treatment or wilful neglect: excluded health care

Excluded health care

I11

1

For the purposes of section 20, “excluded health care” means—

a

health care provided on the premises of an educational institution listed in paragraph 3, subject to sub-paragraph (2);

b

health care provided at accommodation provided by an educational institution listed in paragraph 3 for an individual being educated at the institution, other than accommodation provided in connection with a residential trip away from the institution;

c

health care provided at a children's home or a residential family centre in respect of which a person is registered under Part 2 of the Care Standards Act 2000;

F1ca

health care provided at a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—

i

a care home service wholly or mainly to children, F2...

ii

a residential family centre service; F3or

iii

a secure accommodation service;

d

health care provided on a part of other premises at a time when the part is being used entirely or mainly for an education or childcare purpose;

subject to sub-paragraph (3).

2

Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used—

a

is not connected with the operation of the institution, and

b

is not an education or childcare purpose.

3

Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.