Citation, interpretation and extent

1.—(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 2001(2);

“the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001(3).

(3) This Order extends to England only.

Amendment of the No. 9 Order

2.—(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”,”(4);

(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”.

Amendment of the No. 10 Order

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

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.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Care Standards Act 2000 have been brought into force—

(a)in relation to England (as well as Wales) by—

• the Care Standards Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2544) (C. 72); and

• the Care Standards Act 2000 (Commencement No. 11) Order 2002 (S.I. 2002/629) (C. 19);

(b)in relation to England by—

• the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000 (S.I. 2000/2795) (C. 79);

• the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001 (S.I. 2001/290) (C. 17);

• the Care Standards Act 2000 (Commencement No. 3) (England) Order 2001 (S.I. 2001/731) (C. 26);

• the Care Standards Act 2000 (Commencement No. 4) (England) Order 2001 (S.I. 2001/1193) (C. 39);

• the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001 (S.I. 2001/1210) (C. 41);

• the Care Standards Act 2000 (Commencement No. 6) (England) Order 2001 (S.I. 2001/1536) (C. 55);

• the Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001 (S.I. 2001/2041) (C. 68);

• the Care Standards Act 2000 (Commencement No. 8) (England) Order 2001 (S.I. 2001/3331) (C. 109);

• the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852) (C. 125);

• the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 (S.I. 2001/4150) (C. 134);

• the Care Standards Act 2000 (Commencement No. 12) (England) Order 2002 (S.I. 2002/1245) (C. 33);

• the Care Standards Act 2000 (Commencement No. 13) (England) Order 2002 (S.I. 2002/839) (C. 22); and

• the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002 (S.I. 2002/1493) (C. 43).

Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—

• S.I. 2000/2992 (W. 192) (C. 93)

• S.I. 2001/139 (W. 5) (C. 7)

• S.I. 2001/2190 (W. 152) (C. 70)

• S.I. 2001/2354 (W. 192)(C. 80)

• S.I. 2001/2504 (W. 205) (C. 82)

• S.I. 2001/2538 (W. 213)(C. 83)

• S.I. 2001/2782 (W. 235) (C. 92).