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2002 No. 2001

SOCIAL CARE, ENGLAND

The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment) (England) Order 2002

  Made 29th July 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 2000[1], and of all other powers enabling him in that behalf, hereby makes the following Order: - 

Citation, interpretation and extent
     1.  - (1) This Order may be cited as the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment) (England) Order 2002.

    (2) In this Order - 

    (3) This Order applies in relation 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)(i) and (ii) and (8), for the words "1st September 2002" there shall be substituted the words "1st January 2003".

    (3) In Schedule 1 - 

Amendment of the No. 9 Order: registration in respect of care homes
     3.  - (1) This paragraph applies where but for the provisions of article 2(3)(c) and (d), a person ("the registered person") would, solely by virtue of paragraph 6 of Schedule 1 to the No. 9 Order, not be treated, for the purposes of Part II of the Care Standards Act 2000, as having been granted registration in respect of a care home.

    (2) Where paragraph (1) applies, paragraph 5 of that Schedule shall have effect in relation to the registered person as if - 

Amendment of the No. 10 Order
     4. In article 3(4) of the No. 10 Order, for the words "1st September 2002" there shall be substituted the words "1st January 2003".



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

29th July 2002


EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes further amendments to 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").

The day appointed for the coming into force of certain provisions of the Care Standards Act 2000, in respect of the registration under that Act of residential family centres, domiciliary care agencies and nurses agencies, is altered from 1st September 2002 to 1st January 2003 (article 2(2)). Consequential amendments are made to transitional provisions in the No. 9 Order in relation to such registration (article 2(3)(a),(e)(iii),(f) to (h)). A further consequential amendment is made to the No. 10 Order (article 4).

Article 2(3) also amends provisions in the No. 9 Order relating 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, or who are authorised to carry on a nurses agency under the Nurses Agencies Act 1957. Under the No. 9 Order, in certain circumstances 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 August 2002 or 1st September 2002 and, in the case of a nurses agency, provide certain other information to the National Care Standards Commission by 1st September 2002. Article 2(3) removes this provision and, with article 3, makes consequential amendments to the No. 9 Order.


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 - 

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

Notes:

 [1] 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.back

[2] S.I. 2001/3852. Relevant amending instruments are S.I. 2001/4150, S.I. 2002/1493 and S.I. 2002/1790.back

[3] S.I. 2001/4150.back


ISBN 0 11 042591 X


  Prepared 6 August 2002

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URL: http://www.bailii.org/uk/legis/num_reg/2002/20022001.html