Version Superseded: 01/10/2009
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There are currently no known outstanding effects for the The Care Homes (Wales) Regulations 2002, Section 3.
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3.—(1) For the purposes of the Act, an establishment is excepted from being a care home if—
(a)it provides accommodation, together with nursing or personal care, only for a relative of the person carrying it on;
(b)it provides accommodation, together with nursing or personal care, for less than 28 days in any 12 month period;
(c)it is a health service hospital at which nursing is provided;
(d)it provides accommodation, together with nursing, and is vested—
(i)in the National Assembly for the purposes of its functions under the National Health Service Act 1977(1), or
(ii)in an NHS trust(2);
(e)it is a university;
(f)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
(g)it is a school.
[F1(h)all the persons who are accommodated in the home are the subject of adult placement agreements which comply with the provisions of the Adult Placement Schemes (Wales) Regulations 2004 or, where regulations made in England apply to an adult placement agreement, with the provisions of those regulations.]
(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 a tenth of the number of students to whom it provides both education and accommodation.
Textual Amendments
F1Reg. 3(1)(h) added (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), regs. 1(1), 37
Commencement Information
See section 5 of the NHS 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).
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