45.—(1) For the purposes of this regulation and regulation 46, a registered provider is an adult placement carer in respect of a care home if—
(a)he is the registered provider in respect of, and manages, the care home;
(b)no person other than the registered provider manages the care home;
(c)the care home is, or forms part of—
(i)the registered provider’s home; or
(ii)if the registered provider has more than one home, the home where he ordinarily resides;
(d)no more than three service users are accommodated in the care home;
(e)a placement agreement has been made in respect of each of the service users;
(f)each service user is over the age of 18.
(2) In this regulation, “placement agreement” means an agreement that—
(a)has been made between—
(i)the registered provider;
(ii)the service user;
(iii)the local authority or other body which manages a scheme (“adult placement scheme”) under which it has arranged or proposes to arrange for the service user to be accommodated in a care home;
(b)makes provision for the following matters—
(i)the aims of the arrangements under which the service user is accommodated in the care home;
(ii)the room to be occupied by the service user;
(iii)the services to be provided to the service user;
(iv)the fees to be charged;
(v)the qualifications and experience of the registered provider;
(vi)the terms and conditions in respect of the accommodation and services to be provided;
(vii)services and assistance to be provided under the adult placement scheme under which the accommodation is or has been arranged.