The Children’s Homes Regulations (Northern Ireland) 2005

Excepted establishments

3.—(1) For the purposes of the Order, establishments of the following descriptions are excepted from being a children’s home –

(a) any establishment as defined by Article 2(2) of the Further Education (Northern Ireland) Order 1997(1);

(b) any establishment providing accommodation for children for less than 28 days in any twelve month period in relation to any one child, for the purposes of –

(i) a holiday; or

(ii) recreational, sporting, cultural or educational activities;

(c) any premises at which a person provides day care within the meaning of Part XI of the Children Order (child minding and day care for young children) for less than 28 days in any twelve month period in relation to any one child;

(d) any establishment providing accommodation for children aged 16 and over –

(i) to enable them to undergo training or apprenticeship;

(ii) for the purposes of a holiday; or

(iii) for recreational, sporting, cultural or educational purposes;

(e) any bail hostel or probation hostel as defined in Article 2(2) of the Probation Board (Northern Ireland) Order 1982(2); and

(f) any institution provided for young offenders under section 2 of the Treatment of Offenders Act (Northern Ireland) 1968(3).

(2) For the purposes of calculating the period of 28 days mentioned in paragraph (1)(c), no account is to be taken of any period of 24 hours during which at least 9 hours are spent by a child in the care of his parent or relative, and day care is not provided for him during that time.

(1)

S.I. 1997/1772 (N.I. 15)

(2)

S.I. 1982/713 (N.I. 10)

(3)

1968 c. 29; section 2 was amended by Article 13 of the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 9)), and paragraph 2 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))