The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017

Care home services E+W

2.—(1) The following things are not to be treated as a care home service, despite paragraph 1 of Schedule 1 to the Act (regulated services: definitions, care home services)—

(a) the provision of accommodation, together with nursing or care, to an adult—

(i) in the course of a family or personal relationship, and

(ii) for no commercial consideration;

(b) the provision of accommodation, together with nursing or care, to adults for a period of less than 28 days in any 12 month period or for a number of periods which in total are less than 28 days in any 12 month period;

(c) the provision of accommodation, together with nursing, where the accommodation is vested—

(i) in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006;

(ii) in an NHS trust;

(iii) in a Local Health Board.

(d) the provision of accommodation, together with care, where the accommodation is provided—

(i) by an institution within the further education sector; or

(ii) by a university.

But this exception does not apply if the number of persons to whom such accommodation is provided is more than one tenth of the number of students to whom it provides both education and accommodation.

For the purposes of this paragraph, “further education sector” (“sector addysg bellach”) has the same meaning as in section 91(3) of the Further and Higher Education Act 1992 M1 ;

(e) the provision of accommodation, together with care, where the accommodation provided constitutes day care for children, within the meaning of section 19(3) of the Children and Families (Wales) Measure 2010 M2 .

But this exception does not apply if—

(i) in any 12 month period there are 28 or more periods of 24 hours during which more than 15 hours of day care are provided in relation to any one child (whether or not the child is aged under 12);

(ii) the accommodation is provided to a disabled child.

(f) the provision of accommodation, together with care, where the accommodation is provided for children aged 16 and over only for the purposes of enabling the children to undergo training or an apprenticeship.

But this exception does not apply if the accommodation is provided to a disabled child;

(g) the provision of accommodation, together with care, where the accommodation is provided to children at an approved bail hostel or approved probation hostel;

(h) the provision of accommodation, together with care, where the accommodation is an institution for young offenders provided under or by virtue of section 43(1) of the Prison Act 1952 M3 ;

(i) the provision of accommodation, together with care, where the accommodation is provided to children because of their vulnerability or need for the purposes of—

(i) a holiday;

(ii) a leisure, recreational, sporting, cultural or educational activity;

But this exception does not apply—

(i) in any case where the accommodation is provided to a disabled child;

(ii) if the accommodation is provided to any one child for more than 28 days in any 12 month period, unless the accommodation is only provided to children over the age of 16.

(2) For the purposes of paragraph (1)(e), (f) and (i) of this regulation, a child is “disabled” if the child has a disability for the purposes of the Equality Act 2010.

(3) See regulation 5 for the meaning of family or personal relationship.

Marginal Citations

M1 1992 c. 13.

M2 2010 nawm 1.

M3 1952 c. 52.