# The Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001, Paragraph 1: Interpretation


(1) In this Schedule—
“1984 Act home” means, in relation to an existing provider, a residential care home, nursing home or mental nursing home in respect of which he is at any time before 1st April 2002 registered under Part I or II of the 1984 Act;
“1989 Act home” means, in relation to an existing provider, a home which is carried on by him and at any time before 1st April 2002 is registered in a register kept for the purposes of section 60 of the 1989 Act or registered under Part VIII of that Act;
“applicable description” means, in respect of an existing undertaking, any description of establishment referred to in section 4(8)(a) of the Act, or description of agency referred to in section 4(9)(a) of the Act, other than a voluntary adoption agency, which applies to that undertaking;
“application transfer date” shall be construed in accordance with paragraph 13;
“authority” means—
(a) in respect of a person who is or has applied to be registered under Part I of the 1984 Act in respect of a residential care home, the local authority which is the registration authority for the purposes of that Part of that Act in relation to that home;
(b) in respect of a person who is or has applied to be registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home, the Health Authority which pursuant to the National Health Service (Functions of Health Authorities and Administration Arrangements) (England) Regulations 2001 may exercise in relation to that home the functions of the Secretary of State under that Part of that Act specified in Schedule 1 to those Regulations;
(c) in respect of a person who carries on a home that is registered under Part VIII of the 1989 Act, or has applied for registration of a home under paragraph 1 of Schedule 6 to that Act, the local authority which for the purposes of that Act is the local authority in which the home is situated;
(d) in respect of a person who—
(i) carries on, or wishes to carry on, an agency for the supply of nurses within the meaning of the 1957 Act; and
(ii) is the holder of a licence which has been granted to him by a local authority under section 2 of that Act and which authorises him to carry on that agency from premises specified in the licence, or has applied for such a licence,
the local authority which for the purposes of that section is the licensing authority in whose area the premises are situated;
“effective date” has the meaning given to it in paragraph 2(1);
“existing care home manager” means an existing provider who—
(a) is registered under Part I of the 1984 Act in respect of a residential care home; and
(b) for the purposes of section 3 of that Act is a manager of the home but is not in control of it (whether as owner or otherwise);
“existing home” means an existing undertaking, other than a licensed nurses agency, in respect of which the existing provider is to be treated, in accordance with paragraph 5(4) or (7), as having applied for and been granted registration as an establishment;
“existing home provider” means an existing provider other than a nurses agency provider;
“existing owner” means an existing provider other than an existing care home manager;
“existing provider” means—
(a) a person who is registered under Part I of the 1984 Act in respect of a residential care home;
(b) a person who is registered under Part II of the 1984 Act in respect of a nursing home or mental nursing home;
(c) a person who carries on a home that is registered in a register kept for the purposes of section 60 of the 1989 Act;
(d) a person who carries on a home that is registered under Part VIII of the 1989 Act;
(e) a nurses agency provider;
“existing undertaking” means—
(a) a residential care home in respect of which a person is registered under Part I of the 1984 Act;
(b) a nursing home or mental nursing home in respect of which a person is registered under Part II of the 1984 Act;
(c) a voluntary home;
(d) a home that is registered under Part VIII of the 1989 Act;
(e) a licensed nurses agency;
“general medical practitioner” means a registered medical practitioner who—
(a) provides general medical services under Part II of the National Health Service Act 1977;
(b) performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997; or
(c) provides services which correspond to services provided under Part II of the National Health Service Act 1977, otherwise than in pursuance of that Act;
“licensed nurses agency” means an agency for the supply of nurses within the meaning of the 1957 Act which a person is authorised to carry on by a licence which has been granted to him by a local authority under section 2 of that Act;
“mental nursing home” has the meaning given to it in section 22 of the 1984 Act;
“nurses agency provider” means a person who—
(a) carries on an agency for the supply of nurses within the meaning of the 1957 Act; and
(b) is the holder of a licence which has been granted to him by a local authority under section 2 of that Act and which authorises him to carry on that agency from premises specified in the licence;
“nursing home” has the meaning given to it in section 21 of the 1984 Act;
“old registration date” has the meaning given to it in paragraph 2(1);
“organisation” means a body corporate or any unincorporated association other than a partnership;
“Registered Homes Tribunal” means a tribunal constituted under Part III of the 1984 Act;
“registration commencement date” shall be construed in accordance with paragraph 2(6);
“regulator” means—
(a) an authority; or
(b) the Secretary of State in respect of a person who carries on a home that is registered in a register kept for the purposes of section 60 of the 1989 Act, or has applied for registration of a home under paragraph 1 of Schedule 5 to that Act;
“relevant authority” means the authority in respect of any relevant undertaking;
“relevant provider” means—
(a) in the case of a residential care home in respect of which a person is registered under Part I of the 1984 Act—
(i) where the only existing provider is the existing care home manager, the existing care home manager;
(ii) in any other case, the existing owner;
(b) in the case of any other existing undertaking, the existing provider;
“relevant undertaking” means an existing undertaking other than a voluntary home;
“residential care home” shall be construed in accordance with section 1(1) of the 1984 Act;
“responsible individual” means an individual who is a director, manager, secretary or other officer of an organisation and who for the purposes of that organisation is responsible for supervising the management of the existing undertaking;
“return date” shall be construed in accordance with paragraph 2(2);
“transfer of registration form” shall be construed in accordance with paragraph 3(1);
“voluntary home” means a home that is registered in a register kept for the purposes of section 60 of the 1989 Act.(2)
(2) In this Schedule, unless the context otherwise requires, a reference—
(a) to a numbered paragraph is to the paragraph in this Schedule bearing that number;
(b) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

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Source: https://www.legislation.gov.uk/uksi/2001/3852/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/care-standards-act-2000-commencement-no-9-england-and-transitional-and-savings-provisions-order-2001/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

