# The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations, which apply to England only, amend the following Regulations made under the Care Standards Act 2000 (“the Act”):
(a) the Care Homes Regulations 2001, the Children’s Homes Regulations 2001, the Fostering Services Regulations 2002, and the Private and Voluntary Health Care (England) Regulations 2001. Those Regulations (referred to below collectively as “the Conduct Regulations”) relate respectively to the conduct and management of care homes, children’s homes, fostering agencies and independent hospitals, independent clinics and independent medical agencies, and to the fitness of persons who carry on, manage or work at those establishments or agencies;
(b) the National Care Standards Commission (Registration) Regulations 2001 (“the Registration Regulations”), which provide for the registration of persons who carry on or manage establishments or agencies defined in Part II of the Act, including the establishments or agencies referred to above.
Regulations 2, 4, 6 and 10 make amendments that are consequential on the coming into force of most of the relevant provisions of the Police Act 1997, as amended. Those regulations amend the Conduct Regulations in relation to the information that is to be available in respect of persons who carry on, manage or work at those establishments or agencies. The current Regulations require this to include information in respect of criminal record certificates under the Police Act 1997, and other information available under that Act, but this is subject to an exception where relevant provisions of that Act are not in force. The amendments remove this exception, and (except for the purposes of fostering agencies) make provision requiring certain other information to be available when certain provisions of that Act are in force.
Regulation 8 makes similar amendments to the Registration Regulations, in respect of the information that is to be provided by persons who intend to carry on or manage establishments or agencies and seek to be registered as such under the Act.
Regulations 3(3), 5(3), 7(6) and 11(2) amend the regulations relating to offences in respect of the breach of certain requirements of the Conduct Regulations. The amendments provide that, before the Commission brings proceedings in respect of a breach of regulations, it must specify a period in which the person concerned may make representations and, where it is practicable for the person to do so, the action he should take to comply with the regulations. Regulation 9(3) amends the Registration Regulations so that, before the Commission brings proceedings in respect of a breach of regulations, it must specify a period in which the person concerned may make representations.
Regulation 9(2) relates to the information contained in a register kept by the Commission in respect of children’s homes. It amends the Registration Regulations so as to provide that no part of the address of the home may be disclosed except the name of the home.
The Regulations also make minor corrections to the Conduct Regulations and the Registration Regulations.

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Source: https://www.legislation.gov.uk/uksi/2002/865/note (the official version)
Page: https://openlegislation.uk/care-standards-act-2000-establishments-and-agencies-miscellaneous-amendments-regulations-2002/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.