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The Care Homes (Wales) Regulations 2002

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Excepted establishments

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.

(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.

(2)

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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