3 Care homes.E+W
(1)For the purposes of this Act, an establishment is a care home if it provides accommodation, together with nursing or personal care, for any of the following persons.
(2)They are—
(a)persons who are or have been ill;
(b)persons who have or have had a mental disorder;
(c)persons who are disabled or infirm;
(d)persons who are or have been dependent on alcohol or drugs.
(3)But an establishment [F1in Wales] is not a care home if it is—
(a)a hospital;
(b)an independent clinic; or
(c)a children’s home,
or if it is of a description excepted by regulations.
[F2(4)And an establishment in England is not a care home if it is—
(a)a hospital (within the meaning of the National Health Service Act 2006); or
(b)a children's home,
or if it is of a description excepted by regulations.]
Textual Amendments
F1Words in s. 3(3) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(2); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)
F2S. 3(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 4(3); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)
Commencement Information
I1S. 3 wholly in force at 1.4.2002; s. 3 not in force at Royal Assent see s. 122; s. 3 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 3 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 3 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)