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The Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002

S.I. 2002/1493 · Made 27 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

PUBLIC HEALTH, ENGLAND

SOCIAL CARE, ENGLAND

Made 27th March 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 and extent
  2. 2Interpretation
  3. 3Appointed days
  4. 4Transitional provisions
  5. 5Amendment of the No. 9 Order
  6. 6Amendment of the No. 10 Order
  7. Signature
  8. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002.

(2)

This Order extends to England only.

2Interpretation

(1)

In this Order—

  • “the Act” means the Care Standards Act 2000;

  • “the 1989 Act” means the Children Act 1989f1;

  • “the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001f2;

  • “the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001f3.

(2)

In this Order, a reference—

(a)

to a numbered article is to the article in this Order bearing that number;

(b)

in an article to a numbered paragraph is to the paragraph in that article bearing that number.

3Appointed days

(1)

This article shall have effect subject to article 4.

(2)

1st April 2002 is the day appointed for the coming into force of—

(a)

section 95 of the Act;

(b)

section 116 of, and Schedule 4 to, the Act in so far as they relate to paragraph 14(13) and (14) of that Schedule.

4Transitional provisions

(1)

In this article—

  • “the Regulations” means the Disqualification for Caring for Children Regulations 1991f1;

  • “responsible authority” has the meaning given to it in paragraph 3(1) of Schedule 6 to the 1989 Act.

(2)

This paragraph applies to any written consent obtained before 1st April 2002—

(a)

for the purposes of section 65 of the 1989 Act from a responsible authority;

(b)

for the purposes of regulation 3 of the Regulations from the Secretary of State.

(3)

Section 65 of the 1989 Act shall have effect from 1st April 2002 in relation to any written consent to which paragraph (2) applies as if the consent had been obtained from the Commission.

(4)

Where before 1st April 2002 a responsible authority made a decision (“the authority’s decision”) refusing to give their consent under section 65 of the 1989 Act—

(a)

if an appeal was brought against the authority’s decision before 1st April 2002—

(i)

sub-paragraphs (1) to (4) and (6) of paragraph 8 of Schedule 6 to the 1989 Act shall continue in force in relation to the authority’s decision and the appeal notwithstanding the repeal of the provisions of Schedule 6 to the 1989 Act specified in Schedule 6 to the Act;

(ii)

the functions, powers and duties that immediately before 1st April 2002 the responsible authority had under the 1989 Act in relation to the authority’s decision and the appeal shall apply to, and be exercisable by, the Commission instead of the responsible authority;

(b)

if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the authority’s decision were a decision of the Commission.

(5)

Where before 1st April 2002 the Secretary of State made a decision (“the Secretary of State’s decision”) refusing to give his consent under regulation 3 of the Regulations—

(a)

if an appeal was brought against the Secretary of State’s decision before 1st April 2002, sub-paragraphs (1) to (4) of paragraph 5 of Schedule 5 to the 1989 Act shall continue in force in relation to the decision and the appeal notwithstanding the repeal of the provisions of Schedule 5 to the 1989 Act specified in Schedule 6 to the Act;

(b)

if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the Secretary of State’s decision were a decision of the Commission.

5Amendment of the No. 9 Order

In Schedule 1 to the No. 9 Order—

(a)

in paragraph 6(3)(c)(i)(aa), for the words “section 115(4)” there shall be substituted the words “115(3) or (4)”;

(b)

in paragraph 6(3)(c)(i)(aa) and (bb), the words “and that the application is accompanied by a statement referred to in section 113(3C) of that Act” on both occasions where they occur shall be omitted;

(c)

in paragraph 10(9), for the words “section 11(1) to (3), (5) and (6)” there shall be substituted the words “sections 11(1) to (3), (5) and (6) and 26”;

(d)

in paragraph 15(4), for the words “Section 11(1) to (3), (5) and (6)” there shall be substituted the words “Sections 11(1) to (3), (5) and (6) and 26”;

(e)

in paragraphs 15(5) and (6), for the words “section 11” on both occasions where they occur there shall be substituted the words “sections 11 and 26”.

6Amendment of the No. 10 Order

In article 3(2) of the No. 10 Order, there shall be added at the end the words “of this Order and article 4 of the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002”.

Signature

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

27th March 2002

Explanatory note

(This note is not part of the Order)

This Order brings into force, in relation to England only, certain provisions of the Care Standards Act 2000 which amend other statutory provisions (article 3). They amend the Protection of Children Act 1999, to allow certain authorities to refer persons for inclusion in the list of individuals considered unsuitable to work with children. They also amend provisions in the Children Act 1989 concerning persons disqualified from carrying on or being employed in children’s homes and related appeals.

Article 4 makes transitional provision in connection with the amendments to the Children Act.

Article 5 amends the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001. The amendments relate to the applications for criminal record certificates to be made by persons licensed under the Nurses Agencies Act 1957 to carry on nurses agencies, and their staff, for the purpose of being treated as registered under the Care Standards Act 2000. The amendments also provide that in certain circumstances a person who during a certain period is not treated as registered under that Act, or has applied for registration under that Act in accordance with paragraph 15 of that Order, shall not be subject to section 26 of the Act. Section 26 makes it an offence to apply false descriptions of establishments or agencies without being registered under the Act.

Article 6 amends the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001, to enable certain provisions of the Children Act 1989 repealed by that Order to continue in force for transitional purposes under article 4.