Citation and interpretation

1.—(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.

Appointed day

2.  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.

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”)(3), if they consider that the individual has been guilty of misconduct which harmed, or placed at risk of harm, a child(4);

(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.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The provisions of the Care Standards Act 2000 (“the Act”) in respect of which an entry is made in the Table below were brought into force in relation to Wales on the date specified alongside their entry. Those provisions whose entry is followed by “(a)” were brought into force by S.I. 2000/2992 (W.192) (C.93); those followed by “(b)” were brought into force by S.I. 2001/139 (W.5) (C.7); and those followed by “(c)” were brought into force by S.I. 2001/2190 (W.152 ) (C.70 ) .

The provisions of the Act in respect of which an entry is made in the Table below have been brought into force by S.I. 2000/2544 (C.72) in relation to Wales, as well as in relation to England, on the date specified alongside their entry.

In addition various other provisions of the Act have been brought into force in relation to England by the following Statutory Instruments: S.I. 2000/2795 (C.79); S.I. 2001/290 (C.17); S.I. 2001/731 (C.26); S.I. 2001/952 (C.35); S.I. 2001/1210 (C.41); S.I. 2001/1536 (C.55); S.I. 2001/2041 (C.68).