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The Care Standards Act 2000 (Commencement No. 13) (England) Order 2002

S.I. 2002/839 · Made 26 March 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.

CHILDREN AND YOUNG PERSONS, ENGLAND

Made 26th March 2002

Coming into force 1st April 2002

In exercise of the powers conferred on the Secretary of State by sections 118(5) and (6) and 122 of the Care Standards Act 2000f1, the Secretary of State for Education and Skills 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 and extent
  2. 2Appointed day
  3. Signature
  4. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Care Standards Act 2000 (Commencement No. 13) (England) Order 2002.

(2)

This Order extends to England only.

2Appointed day

1st April 2002 is the appointed day for the coming into force of section 79(1) of the Care Standards Act 2000 for the purpose of giving effect to the following provisions of Part XA of the Children Act 1989f1, namely—

(a)

section 79B(8) (definition of the Tribunal);

(b)

section 79K(5) (registration authority’s duty to serve orders made by a justice of the peace upon the registered person and to notify them of the reasons for making the application and of their rights of appeal);

(c)

section 79L(6) and (7) (the date upon which the cancellation of registration or any variation, removal or imposition of a condition on registration takes effect); and

(d)

section 79M (rights of appeal).

Signature

Catherine Ashton

Parliamentary Under Secretary of State,

Department for Education and Skills

26th March 2002

Explanatory note

(This note is not part of the Order)

The Order brings into force on 1st April 2002 in relation to England only section 79(1) of the Care Standards Act 2000 in order to give effect to the following provisions of Part XA of the Children Act 1989. (Part XA was added to the Children Act 1989 by the Care Standards Act 2000):

  • Section 79B(8) which defines the Tribunal to which appeals shall be made under the Act;

  • Section 79K(5) in relation to service of Orders made by a justice of the peace cancelling a registration or imposing, varying or removing conditions to which it is subject. The registered person must also be notified of the reasons for the application and of his rights of appeal;

  • Section 79L(6) and (7) which stipulate when orders cancelling a registration or changing the conditions to which it is subject take effect; and

  • Section 79M which sets out the appeals procedure applicable to action taken under Section 79K or 79L.

With the exception of section 79(1) for the purposes of bringing into force 79P(3) and (4), all other provisions of Part XA and Schedule 9A have been brought into force or will come into force on 2nd September 2002 pursuant to Commencement Order No. 5 (England) (S.I. No. 2001/1210) and pursuant to Commencement Order No. 7 (England) (S.I. No. 2001/2041).