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The Care Standards Act 2000 (Commencement No. 4) (Wales) Order 2001

W.S.I. 2001/2354 · Made 29 June 2001

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, WALES

Made 29th June 2001

The National Assembly for Wales makes the following Order in exercise of the powers conferred by section 122 of the Care Standards Act 2000f1:

Annotations to the whole text

Footnotes

f1

2000 c. 14. The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121(1). It means the National Assembly for Wales in relation to Wales; in relation to England, Scotland and Northern Ireland it means the Secretary of State.

Contents

  1. 1Citation and interpretation
  2. 2Appointed day
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Care Standards Act 2000 (Commencement No. 4) (Wales) Order 2001.

(2)

In this Order—

  • “the Act” (“y Ddeddf”) means the Care Standards Act 2000.

2Appointed day

1st July 2001 is the day appointed for section 98 of the Act (individuals providing care funded by direct payments) to come into force in relation to Wales.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

Rhodri Morgan

First Secretary of the National Assembly for Wales

29th June 2001

Explanatory note

(This note is not part of the Order)

This Order appoints 1st July 2001 as the day on which section 98 of the Care Standards Act 2000 (“the Act”) is to come into force in relation to Wales.

Section 98 of the Act amends the Protection of Children Act 1999 (“the 1999 Act”). The effect of the amendments is:

(a)

a local authority in Wales may refer to the Secretary of State, for the purposes of his functions under section 1 of the 1999 Act, an individual who is or has been employed to provide care to a child, where the authority funds that care under section 17A of the Children Act 1989 (“the 1989 Act”)f1, if they consider that the individual has been guilty of misconduct which harmed, or placed at risk of harm, a childf2;

(b)

where a person who employs or proposes to employ an individual to provide care to a child under section 17A of the 1989 Act requests the funding local authority to ascertain whether the individual is included in the list kept under section 1 of the 1999 Act (or certain other lists mentioned in section 7 of the 1999 Act) the local authority shall ascertain whether the individual is included in any of those lists;

(c)

where a local authority is required to ascertain whether an individual is included in any of the lists mentioned in (b) above it is sufficient for the authority to satisfy itself that, on a date within the last twelve months, the organisation which supplied the individual ascertained whether he or she was so included if the authority also obtains written confirmation of the facts as ascertained by the organisation.