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The Care Standards Act 2000 (Commencement No. 15 (England) and Transitional Provisions) (Amendment) Order 2002

S.I. 2002/1790 · Made 31 May 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

PUBLIC HEALTH, ENGLAND

SOCIAL CARE, ENGLAND

Made 31st May 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 extent
  2. 2Amendment of the No. 9 Order
  3. 3Amendment of the No. 10 Order
  4. Signature
  5. Explanatory note

1Citation, interpretation and extent

(1)

This Order may be cited as the Care Standards Act 2000 (Commencement No. 15 (England) and Transitional Provisions) (Amendment) 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 extends 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)—

(a)

in head (i)—

(i)

the words “or 14(2)” shall be omitted;

(ii)

for the words “1st July” there shall be substituted the words “1st September”;

(b)

after head (i) there shall be inserted the following head—

“(ia)

in the case of an application to which paragraph 14(2) of Schedule 1 applies, 1st June 2002”;

(c)

in head (ii), for the words “1st July” there shall be substituted the words “1st September”.

(3)

In article 3(8), for the words “1st July” there shall be substituted the words “1st September”.

(4)

In Schedule 1, the words “1st September” shall be substituted for the words “1st July”—

(a)

in paragraph 2(6)(b);

(b)

in paragraph 10(7) and (8), in each case on both occasions where they occur;

(c)

in paragraph 14(8) and (9).

(5)

In Schedule 1, in paragraph 6—

(a)

in sub-paragraph (2)(a), for the words “1st June” there shall be substituted the words “1st August”;

(b)

in sub-paragraph (3)(a), after the words “sub-paragraph (2)” there shall be inserted the words “, with the substitution of the words “1st September” for the words “1st August”,”f1;

(c)

in sub-paragraphs (3)(b) and (c), for the words “1st July” there shall be substituted the words “1st September”.

(6)

In Schedule 1, in paragraph 13—

(a)

in sub-paragraph (2), for the words “1st July” there shall be substituted the words “1st September”;

(b)

in sub-paragraph (5)(a), for the words “1st June”, “1st July” and “7th June” there shall be substituted respectively the words “1st August”, “1st September” and “5th August”;

(c)

in sub-paragraph (5)(b), for the word “June” there shall be substituted the word “August”;

(d)

in sub-paragraph (8)(b), for the words “1st July” on each occasion where they occur there shall be substituted the words “1st September”;

(e)

in sub-paragraph (14)(b), for the words “1st July” and “30th June” there shall be substituted respectively the words “1st September” and “31st August”.

(7)

In Schedule 1, in paragraph 15(1)(b)(i) and (2)(b)(i), for the words “30th June” there shall be substituted the words “31st August”.

3Amendment of the No. 10 Order

In article 3(4) of the No. 10 Order, for the words “1st July” there shall be substituted the words “1st September”.

Signature

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

31st May 2002

Explanatory note

(This note is not part of the Order)

This Order amends 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”).

Under article 2, the day appointed for the coming into force of provisions of the Care Standards Act 2000 is altered from 1st July 2002 to 1st September 2002 in respect of the registration under that Act of residential family centres, domiciliary care agencies and nurses agencies. Consequential amendments are made to transitional provisions in the No. 9 Order in relation to such registration. A further consequential amendment is made to the No. 10 Order (article 3). The day appointed for the purpose of giving effect to determinations of certain applications made under the Children Act 1989 is brought forward to 1st June 2002 (article 2(2)(b)).

Article 2(5)(a) relates to persons who before 1st April 2002 were registered in respect of a residential care home or nursing home under the Registered Homes Act 1984. The No. 9 Order makes provision for the circumstances in which they will be treated as registered under the Care Standards Act 2000. This is subject to the provision that they will not be so treated unless they apply for criminal record certificates under the Police Act 1997 by 1st June 2002. Article 2(5)(a) amends this date to 1st August 2002.