Citation and extent

1. —(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001.

(2) This Order extends to England only.

Interpretation

2. —(1) In this Order—

“the Act” means the Care Standards Act 2000 ;

“the 1957 Act” means the Nurses Agencies Act 1957 ( 2 );

“the 1984 Act” means the Registered Homes Act 1984 ( 3 );

“the 1989 Act” means the Children Act 1989 ( 4 );

“the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 ( 5 );

“mental nursing home” has the meaning given to it in section 22 of the 1984 Act;

“nursing home” has the meaning given to it in section 21 of the 1984 Act;

“residential care home” shall be construed in accordance with section 1(1) of the 1984 Act.

(2) In this Order, a reference—

(a) to a numbered article is to the article in this Order bearing that number;

(b) in an article to a numbered paragraph is to the paragraph in that article bearing that number.

Appointed days

3. —(1) In this article, any reference to a section is a reference to a section of the Act, and any reference to a Schedule is a reference to a Schedule to the Act.

(2) This article shall have effect subject to article 4.

(3) 1st April 2002 is the day appointed for the coming into force of—

(a) section 116 and Schedule 4, in so far as they relate to paragraphs 1 to 4, 5(1), (3) and (8), 8 to 11, 14(3), (7) to (9), (10)(a), (11), (12), (16)(a) and (c), (17) to (21), (23)(a)(i) to (iii), (vi) and (vii) and (24) to (28), 15 to 18, 20, 23, 24(1) and (2) and 28 to 30 of that Schedule;

(b) section 116 and Schedule 4, in so far as they relate to paragraph 21 of that Schedule, except for the words “and vulnerable adults” in that paragraph;

(c) section 117 and Schedule 6, in so far as they relate to—

(i) the National Assistance Act 1948( 6 );

(ii) the London Government Act 1963( 7 );

(iii) the Local Authority Social Services Act 1970( 8 );

(iv) the Greater London Council (General Powers) Act 1981( 9 );

(v) the Mental Health Act 1983( 10 );

(vi) the Public Health (Control of Disease) Act 1984( 11 );

(vii) the Greater London Council (General Powers) Act 1984( 12 );

(viii) the provisions of the 1989 Act, except for the definition of “child minder”, specified in the right-hand column of Schedule 6, in so far as the repeal of those provisions is not already in force;

(ix) the National Health Service and Community Care Act 1990( 13 );

(x) the Registered Homes (Amendment) Act 1991( 14 );

(xi) the Arbitration Act 1996( 15 );

(xii) the Education Act 1996( 16 );

(xiii) the Nurses, Midwives and Health Visitors Act 1997( 17 ).

(4) 1st July 2002 is the day appointed for the coming into force of section 117 and Schedule 6, in so far as they relate to the Local Government Act 1972( 18 ) and the Nurses, Midwives and Health Visitors Act 1979( 19 ).

Transitional provisions

4. —(1) This paragraph applies to any undertaking which for the time being—

(a) is a residential care home, nursing home or mental nursing home in respect of which—

(i) a person is registered under Part I or II of the 1984 Act; and

(ii) the registration of that person under that Act continues in force after 1st April 2002 in accordance with Schedule 1 to the No. 9 Order; or

(b) is a home which is registered—

(i) in a register kept for the purposes of section 60 of the 1989 Act; or

(ii) under Part VIII of the 1989 Act, and

• the registration in respect of which under that Act continues in force on or after 1st April 2002 in accordance with Schedule 1 to the No. 9 Order.

(2) This Paragraph applies to any undertaking which for the time being is an agency for the supply of nurses within the meaning of the 1957 Act—

(a) which a person is authorised to carry on by a licence which has been granted to him by a local authority under section 2 of that Act; and

(b) in respect of which the licence so granted continues in force on or after 1st July 2002 in accordance with Schedule 1 to the No. 9 Order.

(3) This paragraph applies to any community home—

(a) in relation to which a person has applied in accordance with paragraph 15 of Schedule 1 to the No. 9 Order for registration under Part II of the Act as a person who carries on or manages a children’s home;

(b) in respect of which, in accordance with paragraph 15 of that Schedule, section 11(1) to (3), (5) and (6) of the Act does not apply to that person.

(4) An enactment which is amended by virtue of any provision in Schedule 4 to the Act brought into force under article 3(3)(a) shall, in so far as the enactment relates to—

(a) any undertaking to which paragraph (1) applies; or

(b) any community home to which paragraph (3) applies,

have effect in relation to that undertaking or community home, as the case may be, as if the amendment had not been made.

(5) Any enactment which is repealed to any extent by virtue of any entry in Schedule 6 to the Act brought into force under article 3(3)(c) or (4) shall, in so far as it relates to—

(a) any undertaking to which paragraph (1) or (2) applies; or

(b) any community home to which paragraph (3) applies,

have effect in relation to that undertaking or community home, as the case may be, as if the enactment had not been repealed.

Amendment of the No. 9 Order

5. —(1) The No. 9 Order shall be amended in accordance with the following paragraphs of this article.

(2) In article 3 of the No. 9 Order, in paragraph (7)(i), after the words “Protection of Children Act” on the first and third occasions on which they occur, there shall be added “1999”.

(3) In Schedule 1 to the No. 9 Order—

(a) in paragraph 6(1), after the words “sub-paragraph (2)” there shall be added the words “or (2A)”;

(b) in paragraph 6, after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

“ (2A) This sub-paragraph applies where—

(a) the existing provider is an individual; and

(b) in the period commencing on 1st April 2001 and ending on 31st March 2002—

(i) the existing provider applied to be registered under Part I or II of the 1984 Act in respect of the existing undertaking, and his application for registration was granted; and

(ii) the authority received a police check in relation to the existing provider.

(2B) In sub-paragraph (2A)—

• “police check” means a report, sent to the authority by, or by a person on behalf of, the chief officer of police or other member of a police force within the meaning of the Police Act 1996 ( 20 ) , which indicates that—

  (a)

  in relation to the information provided about the existing provider, no record has been found of any police record relating to England or Wales; or

  (b)

  the information provided about the existing provider appears identical with the person whose record is attached to the report. ” ;

(c) in paragraph 6(2)(a)(i), after the words “specified in” there shall be added the word “section”;

(d) in paragraph 6(3)(c)(i)(bb), the words “issued to the person” shall be omitted;

(e) in paragraph 11(3)(a), after the words “registered person” there shall be added the words “in writing before 13th November 2001”;

(f) in paragraph 14(9)(b), the words “(except for the purpose of making subordinate legislation)” shall be omitted;

(g) in paragraph 15(1)(a)(ii), the words “a children’s home, other than” shall be omitted.

(4) At the end of the Schedule 1 to the No. 9 Order, the following paragraph shall be added—

“ Registered Homes Tribunal

16. Part III of the 1984 Act shall continue to have effect after 1st April 2002 in relation to any appeal to the Registered Homes Tribunal which—

(a) is commenced before 1st April 2002; or

(b) in accordance with this Schedule may be brought on or after 1st April 2002. ” .

(5) In Schedule 2 to the No. 9 Order, in paragraph 2(b), after the word “categories” the word “of” shall be omitted.