Statutory Instruments
2001 No. 1210 (C. 41)
CHILDREN AND YOUNG PERSONS, ENGLAND
The Care Standards Act 2000 (Commencement No. 5) (England) Order 2001
Made
15th March 2001
In exercise of the powers conferred on the Secretary of State by section 122 of the Care Standards Act 2000( 1 ), the Secretary of State for Education and Employment hereby makes the following Order:
Citation, interpretation and extent
1. β(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001.
(2) In this Order, unless the context otherwise requiresβ
βthe Actβ means the Care Standards Act 2000;
βthe 1989 Actβ means the Children Act 1989( 2 ).
(3) This Order extends to England only.
Appointed day
2. 16th March 2001 is the day appointed for the coming into force ofβ
(a) section 79(1) of the Act for the purpose only of enabling the Secretary of State to exercise the following powers to make regulations under Part XA( 3 ) of the 1989 Act, namely,β
(i) under section 79C(1), governing the activities of registered persons who act as child minders, or provide day care, on premises in England;
(ii) under section 79E(2)(a), prescribing information and matters for the purpose of applications under section 79E;
(iii) under section 79F(1)(b), prescribing the fee for applications for registration for child minding;
(iv) under section 79F(2)(b), prescribing the fee for applications for registration for providing day care;
(v) under section 79H(1), providing for the suspension for prescribed periods in prescribed circumstances of the registration of any person acting as a child minder or providing day care;
(vi) under section 79N(5), conferring further functions on the Chief Inspector relating to child minding and day care provided in England;
(vii) under section 79Q(2), prescribing the intervals between inspections of child minding provided in England by a registered person;
(viii) under section 79Q(3), prescribing the intervals between inspections of day care provided by a registered person on any premises in England;
(ix) under section 79R(1), prescribing the period within which a person who has conducted an inspection shall report to the Chief Inspector;
(x) under section 79R(3)(b), prescribing the authorities or persons to whom reports or parts of reports of inspections shall be copied;
(xi) under section 79V, governing the securing by local authorities of the provision of information, advice and training under that section;
(xii) under section 79W(4), requiring persons to whom that section applies to hold a certificate of suitability and prescribing persons whose suitability has to be certified;
(b) section 79(2) of the Act for the purpose only of enabling the Secretary of State to exercise the following powers to make regulations under Schedule 9A( 4 ) of the 1989 Act, namely,β
(i) under paragraph 1(1), prescribing the excepted circumstances in relation to the disapplication of Part XA;
(ii) under paragraph 4(1), providing for a person to be disqualified for registration for child minding or providing day care;
(iii) under paragraph 4(3), providing for the disqualification for registration of persons in the circumstances described in that paragraph;
(iv) under paragraph 6(2), prescribing information and matters for the purpose of certificates of registration given under paragraph 6(1);
(v) under paragraph 6(4), prescribing the fee for issuing a copy certificate;
(vi) under paragraph 7, requiring the payment of an annual fee and prescribing the amount of the annual fee and the times at which the fee shall be payable;
(c) section 79(3) and (4) of the Act, enabling the Secretary of State to make, by order a scheme for the transfer of eligible employees; and
(d) sections 114 and 115 of the Act.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
15th March 2001
2000 c. 14 . The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State; in relation to Wales it means the National Assembly for Wales.
Part XA is inserted into the 1989 Act by section 79(1) of the Act.
Schedule 9A is inserted into the 1989 Act by section 79(2) of, and Schedule 3 to, the Act.