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;
(ii)persons who are prescribed persons in regulations made under section 42(1) of the Care Standards Act 2000(1) for the purpose of providing adult placement care;
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(2) 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.
2000 c.14. The following regulations have been made under section 42(1): S.I.2004/1756 (W.188), S.I. 2006/3251(W.295), S.I. 2008/1976 (W.185), S.I. 2010/2585 (W.217), S.I. 2011/2686 (W.288), and S.I. 2013/253.