BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003 No. 365 C. 23
URL: http://www.bailii.org/uk/legis/num_reg/2003/20030365.html

[New search] [Help]



STATUTORY INSTRUMENTS


2003 No. 365 (C. 23)

SOCIAL CARE, ENGLAND

CHILDREN AND YOUNG PERSONS, ENGLAND

Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003

  Made 22nd February 2003 

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 application
     1.  - (1) This Order may be cited as the Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003.

    (2) In this Order - 

    (3) This Order applies to England only.

    (4) In article 3 any reference to a section is a reference to a section of the Act, and any reference to a Schedule is, unless the context otherwise requires, a reference to a Schedule of the Act.

The Schedule
     2. The Schedule to this Order, which makes transitional provision, shall have effect.

Appointed days
    
3.  - (1) This article shall have effect subject to the Schedule to this Order.

    (2) 24th February 2003 is the day appointed for the coming into force of - 

    (3) 25th February 2003 is the day appointed for the coming into force of, for the purposes specified in paragraph (4), the following subsections of section 4 - 

    (4) The following purposes are specified - 

    (5) 30th April 2003 is the day appointed for the coming into force of - 

    (6) 1st June 2003 is the day appointed for the coming into force of - 



SCHEDULE
Article 2


TRANSITIONAL PROVISION


Completion of the transfer of registration form
     1. The existing provider shall, by not later than 21st March 2003 or such later date before the 30th April 2003 as may be agreed by the existing provider with the Commission - 

Registration in respect of existing agencies
     2.  - (1) This paragraph shall have effect subject to paragraphs 4 (decision as to withdrawal of approval under section 4 of the 1976 Act) and 5 (pending proposal as to withdrawal of approval under section 4 of the 1976 Act).

    (2) Subject to sub-paragraph (3), where an existing provider has complied with paragraph 1, the existing provider shall, with effect from 30th April 2003, be treated, for the purposes of Part II of the Act, as having applied for and been granted registration in respect of the existing agency as a voluntary adoption agency, subject to - 

and those conditions shall have effect from 30th April 2003, for the purposes of section 19(1) of the Act, as if they had been agreed in writing between the existing provider and the Commission.

    (3) An existing provider shall not be treated as having applied for and been granted registration where paragraph 3(1) applies.

    (4) The provisions of sub-paragraph (2) are without prejudice to the powers of the Commission to vary, remove, or impose any conditions in accordance with Part II of the Act.

    (5) In this paragraph - 

Continuation of approval under the 1976 Act
     3.  - (1) This sub-paragraph applies where an existing provider has complied with paragraph 1 and has indicated on the transfer of registration form that with effect from 30th April 2003, the agency will provide section 51 counselling only.

    (2) Subject to sub-paragraph (3), where sub-paragraph (1) applies, with effect from 30th April 2003 - 

    (3) The approval of an existing agency under this paragraph shall continue until the earlier of any of the following events - 

    (4) In this paragraph, "section 51 counselling" means counselling services in respect of the disclosure of information by the Registrar General under section 51 of the 1976 Act.

Decision as to withdrawal of approval under section 4 of the 1976 Act
     4. An existing provider shall not be treated for the purposes of Part II of the Act as having applied for and been granted registration in respect of the existing agency as a voluntary adoption agency if - 

Pending proposal as to withdrawal of approval under section 4 of the 1976 Act
     5.  - (1) This paragraph applies where the Secretary of State has on or after 3rd March 2003, given notice to an existing agency of a proposal under section 5(3) of the 1976 Act to withdraw the approval he has given to the agency.

    (2) Where this paragraph applies, any notice referred to in sub-paragraph (1) shall, for the purposes of Part II of the Act, and notwithstanding that it does not comply with the requirements for such a notice under the Act, be treated with effect from 30th April 2003 as if it were a notice of a proposal given under section 17(4) of the Act to cancel his registration (otherwise than in accordance with an application under section 15(1)(b)), in respect of the existing agency.

    (3) In determining any matter to which the notice relates the Commission must consider any written representations that the existing provider made to the Secretary of State in accordance with section 5(3) of the 1976 Act.

Transfer of applications  -  applications for approval
     6.  - (1) This sub-paragraph applies to an application for approval under section 3 of the 1976 Act which - 

    (2) This sub-paragraph applies to an application for approval under section 3 of the 1976 Act which is made to the Secretary of State on or after the 25th February 2003.

    (3) The Secretary of State may give the Commission notice of transfer of an application to which sub-paragraph (1) or (2) applies where it appears to the Secretary of State that he is unlikely to be able to determine the application before 30th April 2003.

    (4) An application to which sub-paragraph (1) or (2) applies shall be treated with effect from the application transfer date as an application for registration in respect of the agency under Part II of the Act.

    (5) For the purposes of this paragraph - 

Transitory provisions
     7.  - (1) From the date on which the transfer of registration form referred to in paragraph 1, in relation to an existing agency is sent by the existing provider to the Commission, until such time as the existing provider is treated, in accordance with paragraph 2, as having applied for and been granted registration for the purposes of Part II of the Act, the existing provider shall for the purpose of enabling the Commission to consider or obtain information about any matter in relation to the existing agency be treated as having applied for registration under Part II of the Act in respect of that agency.

    (2) The Commission may, until such time as the existing provider is treated, in accordance with paragraph 2 as having been granted registration for the purposes of Part II of the Act in respect of the existing agency, request the existing provider to supply to it any information or documents that, if the existing provider had made an application for registration under Part II of the Act in respect of the agency would be relevant for the purpose of determining the application.

    (3) Where the Commission requests the existing provider to supply to it any information or documents in accordance with sub-paragraph (2), the existing provider shall supply such information or documents within fourteen days of the request being made.



Signed by authority of the Secretary of State for Health


Jacqui Smith
Minister of State, Department of Health

22nd February 2003



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force, in relation to England only, certain provisions of, and repeals made by, the Care Standards Act 2000 ("the Act") and makes consequential transitional provision and savings.

The Order primarily brings the registration and inspection of voluntary adoption agencies and the inspection of the exercise by local authorities of their relevant adoption functions, within the regulatory framework of the Act with effect from 30th April 2003. Voluntary adoption agencies are currently approved under section 3 of the Adoption Act 1976.

The Order also brings into force the amendments made by the Act to the Adoption (Intercountry Aspects) Act 1999 that are consequential on the registration of voluntary adoption agencies under the Act.

The Schedule makes transitional provision and savings consequential upon the registration of voluntary adoption agencies under the Act.



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 - 



Provision of the Act Date of Commencement S.I. No.
Sections 1 to 3 (partially) 20th November 2001 2001/3852
Sections 1 to 3 (partially) 1st January 2002 2001/3852
Sections 1 to 3 (in so far as they are not already in force) 1st April 2002 2001/3852
Section 4 (partially) 20th November 2001 2001/3852
Section 4 (partially) 1st January 2002 2001/3852
Section 4 (partially) 1st April 2002 2001/3852
Section 4 (partially) 1st April 2003 2001/3852 (amended by 2002/3210)
Section 5 (partially) 1st April 2002 2001/3852
Section 6(3) and Schedule 1 (partially) 16th March 2001 2001/1193
Section 6 and Schedule 1 (partially) 9th April 2001 2001/1193
Section 7 1st April 2002 2001/3852
Section 10 (partially) 1st April 2002 2001/3852
Section 11 (partially) 20th November 2001 2001/3852
Section 11 (in so far as not already in force) 1st April 2002 2001/3852
Section 12 (partially) 20th November 2001 2001/3852
Sections12 and 13 (partially) 1st January 2002 2001/3852
Sections 12 and 13 (in so far as they are not already in force) 1st April 2002 2001/3852
Sections 14 to 16 (partially) 20th November 2001 2001/3852
Sections 14 to 16 (partially) 1st January 2002 2001/3852
Sections 14 to 16 (in so far as they are not already in force) 1st April 2002 2001/3852
Sections 17 to 20 1st April 2002 2001/3852
Section 21 (partially) 20th November 2001 2001/3852
Section 21 (in so far as not already in force) 1st April 2002 2001/3852
Section 22 20th November 2001 2001/3852
Section 23(1) to (3) 2nd March 2001 2001/731
Section 23(4) (partially) 1st January 2002 2001/3852
Section 23 (in so far as not already in force) 1st April 2002 2001/3852
Section 24 1st April 2002 2001/3852
Section 25 (partially) 20th November 2001 2001/3852
Section 25 (in so far as not already in force) 1st April 2002 2001/3852
Section 26 1st April 2002 2001/3852
Section 27 (partially) 1st January 2002 2001/3852
Section 27 (in so far as not already in force) 1st April 2002 2001/3852
Sections 28 to 30 1st April 2002 2001/3852
Section 31 (partially) 20th November 2001 2001/3852
Sections 31 and 32 (partially) 1st January 2002 2001/3852
Sections 31 and 32 (in so far as they are not already in force) 1st April 2002 2001/3852
Sections 33 to 36 (partially) 20th November 2001 2001/3852
Sections 33 to 36 (in so far as they are not already in force) 1st April 2002 2001/3852
Section 37 1st April 2002 2001/3852
Section 38 20th November 2001 2001/3852
Section 39 (partially) 19th February 2001 2001/290
Section 39 (in so far as not already in force) 19th March 2001 2001/290
Section 40 (partially) 15th October 2000 2000/2795
Section 40 (in so far as not already in force) 1st January 2001 2000/2795
Section 41 1st January 2001 2000/2795
Sections 43, 45(4), 48, 49, 50, 51 and 52 (partially) 20th November 2001 2001/3852
Sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53 (partially) 1st April 2002 2001/3852
Section 54 and Schedule 1 (partially) 10th April 2001 2001/1536
Section 54 and Schedule 1 (partially) 7th May 2001 2001/1536
Section 54 (partially) 25th March 2002 2002/1245
Section 55 (partially) 7th May 2001 2001/1536
Section 55 (partially) 25th March 2002 2002/1245
Section 59 (partially) 7th May 2001 2001/1536
Section 60 (partially) 7th May 2001 2001/1536
Section 62 (partially) 7th May 2001 2001/1536
Section 62 (partially) 25th March 2002 2002/1245
Section 63 (partially) 7th May 2001 2001/1536
Section 63 (partially) 25th March 2002 2002/1245
Section 65 (partially) 7th May 2001 2001/1536
Section 66 (partially) 7th May 2001 2001/1536
Section 66 (partially) 25th March 2002 2002/1245
Section 67 (partially) 25th March 2002 2002/1245
Section 70(1) (partially) 25th March 2002 2002/1245
Section 71 (partially) 7th May 2001 2001/1536
Section 71 (partially) 25th March 2002 2002/1245
Section 79 and Schedule 3 (partially) 16th March 2001 2001/1210
Section 79 (partially) and Schedule 3 (in so far as not already in force) 2nd July 2001 2001/2041
Section 79(1) (partially) 2nd September 2002 2001/2041
Section 79(1) (partially) 1st April 2002 2002/839
Section 79(1) (partially) 2nd September 2002 2002/2215
Section 80(8) (partially) 2nd October 2000 2000/2544
Section 94 2nd October 2000 2000/2544
Section 95 1st April 2002 2002/1493
Section 96 (partially) 15th September 2000 2000/2544
Section 96 (in so far as not already in force) 2nd October 2000 2000/2544
Section 98 1st April 2001 2001/1193
Section 99 15th September 2000 2000/2544
Section 100 2nd October 2000 2000/2544
Section 101 2nd October 2000 2000/2544
Section 102 18th March 2002 2002/629
Section 103 2nd October 2000 2000/2544
Section 104 (partially) 18th March 2002 and 1st April 2002 2002/629
Section 105(1) to (4), 107 and 108 (partially) 20th November 2001 2001/3852
Sections 105 to 110 (in so far as they are not already in force) 1st April 2002 2001/3852
Section 111 (partially) 1st April 2002 2001/3852 (amended by 2002/3210)
Section 112 4th October 2001 2001/3331
Section 113(1), (3) and (4) (partially) 25th March 2002 2002/1245
Sections 114 and 115 16th March 2001 2001/1210
Section 116 and Schedule 4 (partially) 2nd October 2000 2000/2544
Section 116 and Schedule 4 (partially) 1st January 2001 2000/2795
Section 116 and Schedule 4 (partially) 2nd July 2001 2001/2041
Section 116 and Schedule 4 (partially) 1st April 2002 2001/3852
Section 116 and Schedule 4 (partially) 1st April 2002 2001/4150
Section 116 and Schedule 4 (partially) 1st April 2002 2002/1493
Section 117(2) and Schedule 6 (partially) 2nd October 2000 2000/2544
Section 117(2) and Schedule 6 (partially) 4th October 2001 2001/3331
Section 117(2) and Schedule 6 (partially) 1st April 2002 2001/3852
Section 117(2) and Schedule 6 (partially) 1st September 2002 2001/3852 (amended by 2002/1790)
Section 117(2) and Schedule 6 (partially) 1st April 2002 2001/4150
Section 117(2) and Schedule 6 (partially) 1st April 2003 2001/4150 (amended by 2002/3210)

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) of the Act, in relation to England, Scotland or Northern Ireland, as the Secretary of State.back

[2] 1976 c.36.back

[3] 1999 c.18.back

[4] S.I.1983/1964, amended as respects England, by S.I. 1997/649, 1997/2308, 1999/2768, 2001/2237, 2001/2992, 2002/3220 and 2003/367.back

[5] S.I. 2003/367.back

[6] See section 8 of the Adoption and Children Act 2002 (c.38).back



ISBN 0 11 045027 2


 
© Crown copyright 2003
Prepared 3 March 2003


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2003/20030365.html