- Latest available (Revised)
- Original (As made)
The Children's Homes (England) Regulations 2015
You are here:
- UK Statutory Instruments
- 2015 No. 541
- PART 1
- Regulation 3
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Section 3
Alternative versions:
Changes to legislation:
There are currently no known outstanding effects for the The Children's Homes (England) Regulations 2015, Section 3.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Excepted establishmentsE+W
This section has no associated Explanatory Memorandum
3.—(1) For the purposes of the Care Standards Act 2000, establishments of the following descriptions are excepted from being a children's home—
(a)an institution within the further education sector, as defined by section 91(3) of the Further and Higher Education Act 1992 M1;
(b)a 16 to 19 Academy, [F1other than a secure 16 to 19 Academy, as those terms are] defined by section 1B of the Academies Act 2010 M2;
(c)an establishment—
(i)that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children for the purposes of a holiday, or for cultural, educational, recreational or sporting activities; and
(ii)at which accommodation for any one child is not provided for those purposes for more than 27 days in any twelve month period;
(d)premises—
(i)that would (apart from this sub-paragraph) be a home merely because they are used to provide childcare; and
(ii)at which such childcare is not provided in relation to any one child for more than 27 days in any twelve month period;
(e)an establishment that would (apart from this sub-paragraph) be a home merely because it provides accommodation for children aged 16 and over—
(i)to enable the children to undergo an apprenticeship or training;
(ii)for the purposes of a holiday; or
(iii)for cultural, educational, recreational or sporting purposes;
(f)an establishment that would (apart from this sub-paragraph) be a home merely because it provides care and accommodation for children as a holiday scheme for disabled children, as defined in regulation 2 of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013 M3;
(g)an approved bail hostel or an approved probation hostel;
(h)an institution provided for the detention of young offenders under section 43(1) of the Prison Act 1952 M4.
F2(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The exception in paragraph (1)(d) does not apply to any establishment or premises in which the children who are accommodated are wholly or mainly of a description falling within section 3(2) of the Care Standards Act 2000.
(3) In determining for the purposes of paragraph (1)(d) whether accommodation has been provided for more than 27 days, no account is to be taken of any day which includes a period of 9 hours or more during which—
(a)the child is in the care of a parent or relative; and
(b)childcare is not provided for that child.
Textual Amendments
F1Words in reg. 3(1)(b) substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(b)(i), 208(4)(t)
F2Reg. 3(1A) omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(4)(b)(ii), 208(4)(t)
Marginal Citations
M11992 c.13. Section 91(3) of the Further and Higher Education Act 1992 was amended by paragraph 13 of Schedule 8 to the ASCLA 2009.
M22010 c.32. Section 1B of the Academies Act 2010 was inserted by section 53 of the Education Act 2011 (c.21).
M41952 c.52. Section 43 of the Prison Act 1952 was amended by: section 11 to the Criminal Justice Act 1982 (c.48); section 170 of, and Schedules 15 and 16 to, the Criminal Justice Act 1988 (c.33); sections 5, 18 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c.33); section 119 of, and paragraph 6 of Schedule 8 to, the Crime and Disorder Act 1998 (c.37); section 165 of, and paragraph 5 of Schedule 9 to, the Powers of the Criminal Courts (Sentencing) Act 2000 (c.6); section 41 of, and paragraph 36 of Schedule 3 to, the Criminal Justice Act 2003 (c.44); section 148 of, and paragraph 3 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c.4, “the CJIA 2008”) and section 105 of, and paragraph 4 of Schedule 12 to, the LASPOA 2012. There are other amendments to section 43 that are not relevant to these Regulations. Sections 59 and 75 of, and Schedule 8 to, the Criminal Justice and Court Services Act 2000 (c.43) also make provision for section 43(1)(a) to be repealed (on a date to be appointed).
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.