5.—(1) The following categories of establishment are exempt from rating under the Act—
(a)an establishment where—
(i)the sale of food is not the primary activity of the establishment; and
(ii)the only food made available to consumers is food that is—
(aa)shelf stable at ambient temperature; and
(bb)wrapped or packaged before it is brought to the establishment and the wrapping or packaging remains sealed at all times before the food is supplied to consumers;
(b)an establishment used by any of the following persons for the purpose of providing caring services where the establishment is also used as a private dwelling —
(i)childminders;
[F1(ii)persons who are adult placement carers within the meaning of regulation 1(3) of the Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019;]
but not including an establishment used to provide catering services by which food is supplied from a private dwelling.
(2) In paragraph (1)(b)(i), “childminders” includes—
(a)childminders who are registered under Part 2 of the Children and Families (Wales) Measure 2010 M1 or registered under equivalent alternative provisions for registering child minders; and
(b)childminders who would be required to be registered as mentioned in sub-paragraph (a) but for the fact that the children for whom they provide child care are over eight years of age.
Textual Amendments
F1Reg. 5(1)(b)(ii) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 22(2)
Marginal Citations