The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023

Interpretation

2.  In these Regulations—

“care home” (“cartref gofal”) means a place at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(1) is provided wholly or mainly to persons aged 18 or over;

“children’s home” (“cartref plant”) means a place at which a care home service or a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged under 18, but not—

(a)

an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992(2);

(b)

a place at which accommodation is provided for the purposes of—

(i)

a holiday;

(ii)

a leisure, recreational, sporting, cultural or educational activity;

unless a person under 18 is accommodated there for more than 28 days in any 12 month period;

“dwelling” (“annedd”) includes a flat;

“flat” (“fflat”) means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“ground level” (“lefel y ddaear”), in relation to a building, means—

(a)

where the level of the surface of the ground on which the building is situated is uniform, the level of the surface of the ground immediately adjacent to the building, or

(b)

where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to the building;

“His Majesty’s forces” (“lluoedd Ei Fawrhydi”) has the same meaning as in the Armed Forces Act 2006(3);

“hospital” (“ysbyty”) means a health service hospital within the meaning of the National Health Service (Wales) Act 2006(4) (see section 206(1) of that Act) or an independent hospital within the meaning of the Care Standards Act 2000(5);

“hostel” (“hostel”) means a hostel providing temporary accommodation to those who are not ordinarily resident elsewhere;

“residential unit” (“uned breswyl”) means—

(a)

a dwelling, or

(b)

any other unit of living accommodation which, for example, includes a room in a hostel, a room in a hall of residence or other accommodation for students or pupils;

“secure residential institution” (“sefydliad preswyl diogel”) means an institution used for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital or secure local authority accommodation for persons aged 18 or over;

“visiting force” (“llu ar ymweliad”) has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952(6).

(1)

2016 anaw 2.

(2)

1992 c. 13. Section 91(3) was amended by paragraph 13(2) of Schedule 8 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).

(3)

2006 c. 52. See section 374 of that Act.

(4)

2006 c. 42.

(5)

2000 c. 14. See section 2 of that Act.

(6)

1952 c. 67. See section 12 of that Act.