OpenLegislation

The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002

S.I. 2002/3210 · Made 19 December 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL CARE, ENGLAND

Made 19th December 2002

The Secretary of State, in exercise of the powers conferred upon him by sections 118(5) to (7) and 122 of the Care Standards Act 2000f1, and of all other powers enabling him in that behalf, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State.

Contents

  1. 1Citation, interpretation and application
  2. 2Amendment of the No. 9 Order
  3. 3Amendment of the No. 10 Order
  4. 4Transitional provisions
  5. Signature
  6. Explanatory note

1Citation, interpretation and application

(1)

This Order may be cited as the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002.

(2)

In this Order—

  • “the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001f1;

  • “the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001f2.

(3)

This Order applies to England only.

2Amendment of the No. 9 Order

(1)

The No. 9 Order shall be amended in accordance with the following paragraphs of this article.

(2)

In article 3(5)(b)(i) and (ii) and (8), for “1st January 2003” substitute “1st April 2003”.

(3)

In Schedule 1—

(a)

in paragraph 1 in the definition of nurses agency provider, insert after paragraph (b) of the definition—

  • “but does not include a person for any period in which his licence continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and whose case falls within paragraph (1)(a) of that article;”;

(b)

after paragraph 2(3)(b), insert—

“(ba)

in a case where—

(i)

before 1st January 2003 the regulator grants a licence to a nurses agency provider which is valid for a period after 31st December 2002; or

(ii)

a licence granted to a nurses agency provider continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and he has not applied for a renewal of the licence before 1st January 2003,

21st January 2003;”;

(c)

in paragraph 2(5), for “on or after 17th December 2001” substitute “on or after 1st January 2003”;

(d)

in paragraph 2(6)(b), for “1st January 2003” substitute “1st April 2003”;

(e)

in paragraph 10(7) and (8), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;

(f)

in paragraph 13—

(i)

in sub-paragraph (2)(a) for “1st January 2003” substitute “1st April 2003”;

(ii)

in sub-paragraph (5)(a), for “1st December 2002”, “1st January 2003” and “6th December 2002” substitute respectively “1st March 2003”, “1st April 2003” and “7th March 2003”;

(iii)

in sub-paragraph (5)(b), for the words “in December 2002” substitute “in March 2003”;

(iv)

in sub-paragraph (8)(b), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;

(v)

in sub-paragraph (14)(b), for “1st January 2003” and “31st December 2002” substitute respectively “1st April 2003” and “31st March 2003”;

(g)

in paragraph 14(8) and (9)(b), for “1st January 2003” substitute “1st April 2003”;

(h)

in paragraph 15(1)(b)(i) and (2)(b)(i), for “31st December 2002” substitute “31st March 2003”.

3Amendment of the No. 10 Order

In article 3(4) of the No. 10 Order, for “1st January 2003” substitute “1st April 2003”.

4Transitional provisions

(1)

Where a person (“the authorised person”) is authorised to carry on a nurses agency (“the agency”) by a licence which has been granted to him by a local authority under section 2 of the 1957 Act and that licence ceases to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, paragraph (2) shall apply for the period from the expiry of the licence until—

(a)

in a case where an application for renewal of a licence is made by the authorised person before 1st January 2003 but is not determined before that date and is not withdrawn or abandoned, the date on which that application is finally disposed of; or

(b)

in a case where no application for renewal of the licence is made by the authorised person before 1st January 2003, 1st April 2003 or, if later, the date which is the effective date in respect of the authorised person for the purpose of the No. 9 Orderf1.

(2)

Where this paragraph applies, the licence referred to in paragraph (1) shall, notwithstanding section 2(6) of the 1957 Act, continue to be treated as valid subject to any conditions imposed by the local authority to which immediately prior to its expiry the licence was subject.

(3)

Where the application for renewal of the licence referred to in paragraph (1)(a) is not finally disposed of before 1st April 2003, paragraph (4) applies for the period on or after 1st April 2003.

(4)

Where this paragraph applies—

(a)

the 1957 Act shall, subject to sub-paragraph (b) of this paragraph, continue to be treated as in force in relation to the agency;

(b)

the functions, powers and duties that immediately before 1st April 2003 the regulator had under the 1957 Act in relation to that agency shall apply to, and be exercisable by, the Commission instead of the regulator;

(c)

sections 11(1) to (3), (5) and (6) and 26 of the Care Standards Act 2000 shall not apply to the authorised person in respect of the agency.

(5)

Paragraph 3 of the Schedule to the No. 9 Order must be complied with in any case where the regulator grants a licence to a nurses agency provider on or after 17th December 2001 but before 1st January 2003, notwithstanding that that paragraph has been complied with in that case before the coming into force of this Order.

(6)

In this article, “the 1957 Act” and “the regulator” have the same meaning as in the No. 9 Order and “nurses agency” means an agency for the supply of nurses within the meaning of the 1957 Act.

Signature

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

19th December 2002

Explanatory note

(This note is not part of the Order)

This Order makes further amendments to the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (“the No. 9 Order”), and the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 (“the No. 10 Order”), and also makes transitional provision.

The day appointed for the coming into force of certain provisions of the Care Standards Act 2000, in respect of the registration under that Act of residential family centres, domiciliary care agencies and nurses agencies, is altered from 1st January 2003 to 1st April 2003 (article 2(2)). Consequential amendments are made to transitional provisions in the No. 9 Order in relation to such registration (article 2(3)), and a further consequential amendment is made to the No. 10 Order (article 3).

Article 4 makes transitional provision which is necessary as a result of section 2(6) of the Nurses Agencies Act 1957 (“the 1957 Act”) which provides that licences granted under section 2 of that Act are to be valid until the 31st December in the year next following the year in which a licence is granted. Under article 4(1)(a), where a provider has made an application for renewal of the licence which has not been determined before 31st December 2002, the licence continues to be treated as valid until the application is finally disposed of or withdrawn or abandoned. In a case where an application is not finally disposed of before 1st April 2003, article 4(4) has the effect that the 1957 Act is treated as continuing in force in relation to the agency. Under article 4(1)(b), where no application for renewal of the licence has been made, the licence will continue to be treated as valid until the date on which the provider is treated as registered under Part II of the Care Standards Act 2000.

Article 4(5) provides that where a nurses agency provider, to whom a regulator has granted a licence pursuant to section 2 of the 1957 Act on or after 17th December 2001 but before 1st January 2003, complied with paragraph 3 of the Schedule to the No. 9 Order before the coming into force of this Order, that provider must nevertheless take steps to comply with paragraph 3.