5.—(1) This paragraph applies to any establishment the sole or main object of which is, or is held out to be, the provision of accommodation, whether for reward or not, for disabled or retired persons and which is—U.K.
(a)provided by a local authority under section 21(1)(a) of the National Assistance Act 1948 M1;
(aa)[F1provided to meet needs under sections 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);]
(b)an independent school within the meaning of the Education Act 1996 M2—
(i)which provides accommodation for 50 or fewer children under the age of 18 years and which is not for the time being approved by the Secretary of State under section 347 of the Education Act 1996 M3; and
(ii)which provides or is intended to provide residential accommodation with both board and personal care for children at the school who are in need of personal care by reason of being disabled, including by reason of a past or present mental disorder;
[F2(c)an establishment—
(i)in England, that is carried on or managed by a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the establishment, and
(ii)in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as a care home within the meaning of section 3 of that Act, or who would be so registered but for regulation 3(1)(a) or (d) of the Care Homes (Wales) Regulations 2002;]
(d)a care hospital; or
(e)an almshouse established as such before 1st November 1949.
(2) In sub-paragraph (1)(d) the reference to a care hospital is to—
[F3(a)any establishment—
(i)in England, that is a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
(ii)in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as an independent hospital within the meaning of section 2 of that Act; or]
(b)a health service hospital.
(3) In this paragraph—
[F4“health service hospital” has the same meaning—
in England, as in section 275 of the National Health Service Act 2006; and
in Wales, as in section 206 of the National Health Service (Wales) Act 2006;]
“personal care” means care which includes assistance with bodily functions where such assistance is required.
Textual Amendments
F1Sch. 4 para. 5(1)(aa) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 23 (with art. 4)
F2Sch. 4 para. 5(1)(c) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(a)
F3Sch. 4 para. 5(2)(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(b)
F4Words in Sch. 4 para. 5(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 (S.I. 2010/1881), arts. 1(1), 15(c)
Marginal Citations
M11948 c. 29; section 21(a) was amended by the Children Act 1989 (c. 41), section 108(5) and Schedule 13, paragraph 11(1), and by the National Health Service and Community Care Act 1990 (c. 19), section 42(1). Section 21 was repealed in relation to Scotland by the Social Work (Scotland) Act 1968 (c. 49), section 95(2) and Schedule 9, Part 1.
M21996 c. 56; section 463 of the Education Act 1996 (c. 56) defines “independent school”. That definition has been amended by the Education Act 2002 (c. 32), section 172. The new definition is in force in relation to England but not yet in force in relation to Wales. The definition still in force for Wales has been amended by the School Standards and Framework Act 1998 (c. 31), section 140(1) and (3), Schedule 30, paragraph 124(a) and Schedule 31, paragraph 124(b).
M31996 c. 56; section 347 was amended by the Special Educational Needs and Disability Act 2001 (c. 10), section 42(1) and Schedule 8, Part 1, paragraphs 1 and 12. Section 347 was also amended by the Education Act 2002 (c. 32), section 174. This amendment is in force in relation to England but not Wales. Functions of the Secretary of State, so far as exercisable in relation to Wales, have been transferred to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.