The Care Homes Regulations 2001

Excepted establishments

3.—(1) For the purposes of the Act, an establishment is excepted from being a care home if—

(a) it is a health service hospital at which nursing is provided;

(b) it provides accommodation, together with nursing, and is vested—

(i) in the Secretary of State for the purposes of his functions under the National Health Service Act 1977(1); or

(ii) in an NHS trust(2);

(c) it is a university;

(d) it is an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992(3); or

(e) it is a school.

(2) For the purposes of paragraph (1), “university” includes—

(a) any university college;

(b) any college, or institution in the nature of a college, of a university.

(3) The exception in paragraph (1)(d) does not apply if—

(a) the establishment provides accommodation together with nursing or personal care to any person; and

(b) the number of such persons is more than one tenth of the number of students to whom it provides both education and accommodation.

(1)

1977 c. 49.

(2)

See section 5 of the National Health Service and Community Care Act 1990 (c. 19) as amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c. 17) and section 13(1) of the Health Act 1999 (c. 8).

(3)

1992 c. 13.