Statutory Instruments
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—
“the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001( 2 );
“the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001( 3 ).
(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—
(a) in paragraph 2(6)(b), for the words “1st September 2002” there shall be substituted the words “1st January 2003”;
(b) in paragraph 3, sub-paragraph (1)(b)(iii) shall be omitted;
(c) in paragraph 5(1), for the words “paragraphs 6 (supply of information) and 7” there shall be substituted the words “paragraph 7”;
(d) paragraph 6 shall be omitted;
(e) in paragraph 10—
(i) in sub-paragraphs (1) and (3), for the words “5 to 7” there shall be substituted the words “5 and 7”;
(ii) sub-paragraph (5)(b) shall be omitted;
(iii) in sub-paragraphs (7) and (8), for the words “1st September 2002” on each occasion where they occur there shall be substituted the words “1st January 2003”;
(f) in paragraph 13—
(i) in sub-paragraph (2), for the words “1st September 2002” there shall be substituted the words “1st January 2003”;
(ii) in sub-paragraph (5)(a), for the words “1st August”, “1st September 2002” and “5th August” there shall be substituted respectively the words “1st December”, “1st January 2003” and “6th December”;
(iii) in sub-paragraph (5)(b), for the word “August” there shall be substituted the word “December”;
(iv) in sub-paragraph (8)(b), for the words “1st September 2002” on each occasion where they occur there shall be substituted the words “1st January 2003”;
(v) in sub-paragraph (14)(b), for the words “1st September 2002” and “31st August” there shall be substituted respectively the words “1st January 2003” and “31st December”;
(g) in paragraph 14(8) and (9), for the words “1st September 2002” there shall be substituted the words “1st January 2003”;
(h) in paragraph 15(1)(b)(i) and (2)(b)(i), for the words “31st August” there shall be substituted the words “31st December”.
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—
(a) in sub-paragraph (4) of that paragraph, for the words “the registration commencement date or, if later, twenty-eight days after the return date” there were substituted the words “1st August 2002”;
(b) in sub-paragraph (7) of that paragraph, for the words “the registration commencement date or, if the determination is made after the registration commencement date, with effect from the date on which the determination was made” there were substituted the words “1st August 2002”.
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
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.
S.I. 2001/3852 . Relevant amending instruments are S.I. 2001/4150 , S.I. 2002/1493 and S.I. 2002/1790 .