Citation, interpretation and application

1. —(1) This Order may be cited as the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (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 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 “1st January 2003” substitute “1st April 2003”.

(3) In Schedule 1—

(a) in paragraph 1 in the definition of nurses agency provider, insert after paragraph (b) of the definition—

• “but does not include a person for any period in which his licence continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and whose case falls within paragraph (1)(a) of that article;”;

(b) after paragraph 2(3)(b), insert—

“ (ba) in a case where—

(i) before 1st January 2003 the regulator grants a licence to a nurses agency provider which is valid for a period after 31st December 2002; or

(ii) a licence granted to a nurses agency provider continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and he has not applied for a renewal of the licence before 1st January 2003,

21st January 2003; ” ;

(c) in paragraph 2(5), for “on or after 17th December 2001” substitute “on or after 1st January 2003”;

(d) in paragraph 2(6)(b), for “1st January 2003” substitute “1st April 2003”;

(e) in paragraph 10(7) and (8), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;

(f) in paragraph 13—

(i) in sub-paragraph (2)(a) for “1st January 2003” substitute “1st April 2003”;

(ii) in sub-paragraph (5)(a), for “1st December 2002”, “1st January 2003” and “6th December 2002” substitute respectively “1st March 2003”, “1st April 2003” and “7th March 2003”;

(iii) in sub-paragraph (5)(b), for the words “in December 2002” substitute “in March 2003”;

(iv) in sub-paragraph (8)(b), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;

(v) in sub-paragraph (14)(b), for “1st January 2003” and “31st December 2002” substitute respectively “1st April 2003” and “31st March 2003”;

(g) in paragraph 14(8) and (9)(b), for “1st January 2003” substitute “1st April 2003”;

(h) in paragraph 15(1)(b)(i) and (2)(b)(i), for “31st December 2002” substitute “31st March 2003”.

Amendment of the No. 10 Order

3. In article 3(4) of the No. 10 Order, for “1st January 2003” substitute “1st April 2003”.

Transitional provisions

4. —(1) Where a person (“the authorised person”) is authorised to carry on a nurses agency (“the agency”) by a licence which has been granted to him by a local authority under section 2 of the 1957 Act and that licence ceases to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, paragraph (2) shall apply for the period from the expiry of the licence until—

(a) in a case where an application for renewal of a licence is made by the authorised person before 1st January 2003 but is not determined before that date and is not withdrawn or abandoned, the date on which that application is finally disposed of; or

(b) in a case where no application for renewal of the licence is made by the authorised person before 1st January 2003, 1st April 2003 or, if later, the date which is the effective date in respect of the authorised person for the purpose of the No. 9 Order( 4 ).

(2) Where this paragraph applies, the licence referred to in paragraph (1) shall, notwithstanding section 2(6) of the 1957 Act, continue to be treated as valid subject to any conditions imposed by the local authority to which immediately prior to its expiry the licence was subject.

(3) Where the application for renewal of the licence referred to in paragraph (1)(a) is not finally disposed of before 1st April 2003, paragraph (4) applies for the period on or after 1st April 2003.

(4) Where this paragraph applies—

(a) the 1957 Act shall, subject to sub-paragraph (b) of this paragraph, continue to be treated as in force in relation to the agency;

(b) the functions, powers and duties that immediately before 1st April 2003 the regulator had under the 1957 Act in relation to that agency shall apply to, and be exercisable by, the Commission instead of the regulator;

(c) sections 11(1) to (3), (5) and (6) and 26 of the Care Standards Act 2000 shall not apply to the authorised person in respect of the agency.

(5) Paragraph 3 of the Schedule to the No. 9 Order must be complied with in any case where the regulator grants a licence to a nurses agency provider on or after 17th December 2001 but before 1st January 2003, notwithstanding that that paragraph has been complied with in that case before the coming into force of this Order.

(6) In this article, “the 1957 Act” and “the regulator” have the same meaning as in the No. 9 Order and “nurses agency” means an agency for the supply of nurses within the meaning of the 1957 Act.