1(1)For the purposes of section 20, “excluded health care” means—E+W
(a)health care provided on the premises of an educational institution listed in paragraph 3, subject to sub-paragraph (2);
(b)health care provided at accommodation provided by an educational institution listed in paragraph 3 for an individual being educated at the institution, other than accommodation provided in connection with a residential trip away from the institution;
(c)health care provided at a children's home or a residential family centre in respect of which a person is registered under Part 2 of the Care Standards Act 2000;
[F1(ca)health care provided at a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—
(i)a care home service wholly or mainly to children, F2...
(ii)a residential family centre service; [F3or
(iii)a secure accommodation service;]]
(d)health care provided on a part of other premises at a time when the part is being used entirely or mainly for an education or childcare purpose;
subject to sub-paragraph (3).
(2)Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used—
(a)is not connected with the operation of the institution, and
(b)is not an education or childcare purpose.
(3)Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.
Textual Amendments
F1Sch. 4 para. 1(1)(ca) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 54(2)
F2Word in Sch. 4 para. 1(1)(ca)(i) omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(1), 32(a)(i)
F3Sch. 4 para. 1(1)(ca)(iii) and word inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 32(a)(ii)
Commencement Information
I1Sch. 4 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 74