Citation, interpretation and extent

1. —(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001.

(2) In this Order, unless the context otherwise requires—

“the Act” means the Care Standards Act 2000; and

“the 1984 Act” means the Registered Homes Act 1984( 2 ).

(3) This Order extends to England only.

Appointed days

2. —(1) For the purposes only of enabling an application for registration to be made under section 23(3) of the 1984 Act, 19th February 2001 is the day appointed for the coming into force of section 39 (temporary extension of meaning of “nursing home”) of the Act.

(2) 19th March 2001 is the day appointed for the coming into force of section 39 of the Act in so far as it is not already in force.

Transitional provisions

3. —(1) Where a person has before 19th March 2001 duly made an application for registration under section 23(3) of the 1984 Act in respect of premises falling within section 21(3B)(a) and (b) of the 1984 Act( 3 ), paragraph (2) of this article shall apply.

(2) Section 23(1) of the 1984 Act shall not apply to him—

(a) until such time as the application is granted, or

(b) if the application is refused—

(i) if no appeal is brought, until the expiration of 28 days after service of notice of the Secretary of State’s decision; and

(ii) if an appeal is brought, until it is determined or abandoned.

(3) Where, on 19th February 2001, a person is registered under Part II of the 1984 Act in respect of premises—

(a) which are used, or intended to be used, by a dental practitioner for the purpose of treating his patients under general anaesthesia; and

(b) which do not fall within section 21(3B)(b)(i) or (ii) of the 1984 Act,

the person registered under Part II of the 1984 Act shall by 19th March 2001 notify the Health Authority that the premises are used, or intended to be used, for the purpose of treating his patients under general anaesthesia.