2.—(1) In this Act, except where the context otherwise requires, “nursing home”, subject to subsection (2), means an institution for the care and maintenance of more than two dependent persons excluding—

(a) an institution managed by or on behalf of a Minister of the Government or F3[the Health Service Executive],

(b) an institution in which a majority of the persons being maintained are being treated for acute illnesses,

(c) a maternity home carried on by a person who is registered under the Registration of Maternity Homes Act, 1934,

(d) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

(e) an institution for the care and maintenance of mentally handicapped persons operated otherwise than for profit and to which grants are paid by the Minister or F3[the Health Service Executive],

(f) premises in which children are maintained in pursuance of an arrangement with F3[the Health Service Executive],

(g) an institution operated otherwise than for profit—

(i) that is for the care and maintenance of physically handicapped persons a majority of whom do not receive whole-time nursing care in the institution,

(ii) in the management of which representatives of the Minister or F3[the Health Service Executive] and representatives of the persons being maintained in the institution participate with other persons,

(iii) to which grants are paid by the Minister or F3[the Health Service Executive], and

(iv) to which paragraphs (a) and (b) of section 333 (1) of the Income Tax Act, 1967, apply, and

(h) F4[subject to subsection (3),] premises in which a majority of the persons being maintained are members of a religious order or priests of any religion F5[…], but maintenance by a person of his spouse F6[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] or of a parent, step-parent, child, step-child, grandchild, brother, step-brother, sister, step-sister, uncle, aunt, niece or nephew of the person or of his spouse shall, for the purposes of this definition, be disregarded.

(2) If the Minister becomes of opinion that this Act ought to apply to a class of institution for the care and maintenance of persons that it does not apply to, he may by regulations amend the definition of “nursing home” accordingly and that definition shall have effect in accordance with any regulations for the time being in force under this subsection.

F4[(3) No prescribed subvention within the meaning of section 7(1) shall be paid to a dependent person maintained in premises referred to in subsection (1)(h) unless the premises are F7[registered under the Health Act 2007 as a designated centre within the meaning of that Act or are premises in which a person is carrying on the business of a nursing home pursuant to section 69 of that Act].]