Care Standards Act 2000

Registration E+W

11 Requirement to register. E+W

(1) Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.

(2) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The [F2 references in [F3 subsection (1)] to an agency do] not include a reference to a voluntary adoption agency.

(4) The Secretary of State may by regulations make provision about the keeping of registers by F4 . . . [F5 the CIECSS] for the purposes of this Part.

(5) A person guilty of an offence under this section shall be liable on summary conviction—

(a) if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

(b) if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6) This subsection applies if—

(a) the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

(b) the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.

Textual Amendments

F1 S. 11(2) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(a), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F2 Words in s. 11(3) substituted (25.2.2003 for E. for certain purposes, 30.4.2003 for E. otherwise and 28.11.2003 for W.) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 106 (with Sch. 4 paras. 6-8); S.I 2003/366, art. 2(1)(4); S.I. 2003/3079, art. 2(1)

F3 Words in s. 11(3) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 10(b); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F4 Words in s. 11(4) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(c), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)

F5 Words in s. 11(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 42; S.I. 2007/935, art. 5

Modifications etc. (not altering text)

C1 S. 11 applied (W.) (1.4.2003) by S.I. 2003/237, reg. 52(4)(6) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))

C2 S. 11 applied (W.) (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(4)(b)

C3 S. 11 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 1 (with reg. 1(2), Sch. 10 para. 8(a))

C4 S. 11(1)(5)(6) excluded (W.) (temp.) (1.4.2003) by S.I. 2003/237, reg. 52(2)(3) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))

C5 S. 11(1)(5)(6) excluded (W.) (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(2)

C6 S. 11(4) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(a), Sch.

Commencement Information

I1 S. 11 partly in force; s. 11 not in force at Royal Assent see s. 122; s. 11 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 11 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 11 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 11 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 11 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 11 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

12 Applications for registration. E+W

(1) A person seeking to be registered under this Part shall make an application to the registration authority.

(2) The application—

(a) must give the prescribed information about prescribed matters;

(b) must give any other information which the registration authority reasonably requires the applicant to give,

and must be accompanied by [F6 a fee of [F7 the prescribed amount]].

(3) A person who applies for registration as the manager of an establishment or agency must be an individual.

(4) A person who carries on or manages, or wishes to carry on or manage, more than one establishment or agency must make a separate application in respect of each of them.

Textual Amendments

F6 Words in s. 12(2) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {105(3)}, 199; S.I. 2006/1680, art. 2(2)

F7 Words in s. 12(2) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 11; S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

C7 S. 12 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 2 (with reg. 1(2))

C8 S. 12(2) modified (temp.) (E.) (26.6.2006) by The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 9) Order 2006 (S.I. 2006/1680), art. 4(2)

C9 S. 12(2) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(b), Sch.

C10 S. 12(2) applied (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(a), Sch.

Commencement Information

I2 S. 12 partly in force; s. 12 not in force at Royal Assent see s. 122; s. 12 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 12 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 12 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 12 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 12 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 11 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 12 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

13 Grant or refusal of registration. E+W

(1) Subsections (2) to (4) apply where an application under section 12 has been made with respect to an establishment or agency in accordance with the provisions of this Part.

(2) If the registration authority is satisfied that—

(a) the requirements of regulations under section 22; and

(b) the requirements of any other enactment which appears to the registration authority to be relevant,

are being and will continue to be complied with (so far as applicable) in relation to the establishment or agency, it shall grant the application; otherwise it shall refuse it.

(3) The application may be granted either unconditionally or subject to such conditions as the registration authority thinks fit.

(4) On granting the application, the registration authority shall issue a certificate of registration to the applicant.

(5) The registration authority may at any time—

(a) vary or remove any condition for the time being in force in relation to a person’s registration; or

(b) impose an additional condition.

Modifications etc. (not altering text)

C11 S. 13 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 3 (with reg. 1(2))

Commencement Information

I3 S. 13 partly in force; s. 13 not in force at Royal Assent see s. 122; s. 13 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(a)(i)(5) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 13 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 13 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 13 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 13 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 13 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 13 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

14 Cancellation of registration. E+W

(1) The registration authority may at any time cancel the registration of a person in respect of an establishment or agency—

(a) on the ground that that person has been convicted of a relevant offence;

(b) on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;

(c) on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

[F8 (ca) on the ground that—

(i) a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and

(ii) the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;]

(d) on any ground specified by regulations.

(2) For the purposes of this section the following are relevant offences—

(a) an offence under this Part or regulations made under it;

(b) an offence under the M1 Registered Homes Act 1984 or regulations made under it;

(c) an offence under the 1989 Act or regulations made under it;

[F9 (d) an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999;

(e) an offence under the Adoption and Children Act 2002 or regulations made under it];

[F10 (f) an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.]

(3) In this section “relevant requirements” means—

(a) any requirements or conditions imposed by or under this Part; and

(b) the requirements of any other enactment which appear to the registration authority to be relevant.

Textual Amendments

F8 S. 14(1)(ca) inserted (1.4.2010 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 26(1), 44; S.I. 2009/3354, art. 3(2)

F9 S. 14(2)(d)(e) substituted (30.12.2005) for s. 14(2)(d) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 107 (with Sch. 4 paras. 6-8); S.I 2005/2213, art. 2

F10 S. 14(2)(f) inserted (21.7.2008 for certain purposes and 1.10. 2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 12; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

Modifications etc. (not altering text)

C12 S. 14 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 4 (with reg. 1(2))

C13 S. 14(1)(d) applied (with modifications) (E.) (2.8.2004) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004 (S.I. 2004/1972), regs. 2(2)(a), 3

C14 S. 14(1)(d) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(c), Sch.

C15 S. 14(1)(d) applied (with modifications) (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(b), Sch.

Commencement Information

I4 S. 14 partly in force; s. 14 not in force at Royal Assent see s. 122; s. 14 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 14 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 14 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 14 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 14 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 14 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 14 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 14 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

Marginal Citations

M1 1984 c. 23.

[F11 14A Suspension of registration E+W

(1) The [F12 registration authority] may at any time suspend for a specified period the registration of a person in respect of an establishment or agency F13 ....

(2) Except where the [F14 registration authority gives ] notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.

(3) The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

(4) A period of suspension may be extended under subsection (1) on one or more occasions.

(5) Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

(6) In this section “relevant requirements” has the same meaning as in section 14.]

Textual Amendments

F11 S. 14A inserted (1.4.2009 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 13; S.I. 2009/462, art. 2, Sch. 1 para. 35; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)

F12 Words in s. 14A(1) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(1)(a), 139(4)

F13 Words in s. 14A(1) omitted (13.5.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 102(1)(b), 139(4)

F14 Words in s. 14A(2) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(2), 139(4)

15 Applications by registered persons. E+W

(1) A person registered under this Part may apply to the registration authority—

(a) for the variation or removal of any condition for the time being in force in relation to the registration; or

(b) for the cancellation of the registration[F15 ; or

(c) for the cancellation of, or the variation of the period of, any suspension of the registration.]

(2) But a person may not make an application under subsection (1)(b)—

(a) if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or

(b) if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

(3) An application under subsection (1) shall be made in such manner and state such particulars as may be prescribed and, if made under paragraph (a) [F16 or (c)] of that subsection, shall be accompanied by[F17 a fee of the prescribed amount].

(4) If the registration authority decides to grant an application under subsection (1)(a) it shall serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.

[F18 (4A) If the [F19 registration authority decides ] to grant an application under subsection (1)(c), [F20 it] must serve notice in writing of [F21 its] decision on the applicant (stating, where applicable, the period as varied).]

[F22 (5) If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.]

Textual Amendments

F15 S. 15(1)(c) and preceding word inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(a); S.I. 2009/462, art. 2, Sch. 1 para. 35

F16 Word in s. 15(3) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(b)(i); S.I. 2009/462, art. 2, Sch. 1 para. 35

F17 Words in s. 15(3) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(b)(ii); S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

F18 S. 15(4A) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(c); S.I. 2009/462, art. 2, Sch. 1 para. 35

F19 Words in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(a), 139(4)

F20 Word in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(b), 139(4)

F21 Word in s. 15(4A) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 102(3)(c), 139(4)

F22 S. 15(5) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 14(d); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

Modifications etc. (not altering text)

C16 S. 15(3) modified (temp.) (E.) (26.6.2006) by The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 9) Order 2006 (S.I. 2006/1680), art. 4(2)

C17 S. 15(3) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(d), Sch.

C18 S. 15(3)(5) applied (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(c), Sch.

C19 S. 15(5) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(d), Sch.

Commencement Information

I5 S. 15 partly in force; s. 15 not in force at Royal Assent see s. 122; s. 15 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 15 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 15 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 15 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 15 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 15 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 15 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 15 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

16 Regulations about registration. E+W

(1) Regulations may make provision about the registration of persons under this Part in respect of establishments or agencies, and in particular about—

(a) the making of applications for registration;

(b) the contents of certificates of registration.

(2) Regulations may provide that no application for registration under this Part may be made in respect of a fostering agency F23 . . . which is an unincorporated body.

[F24 (3) Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed,[F25 an annual fee of the prescribed amount].]

(4) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Textual Amendments

F23 Words in s. 16(2) repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 108, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2; S.I. 2005/2897, art. 2

F24 S. 16(3) substituted (20.11.2003 for certain purposes and 1.8.2006 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 105(6), 199; S.I. 2006/1860, art. 2(2)

F25 Words in s. 16(3) substituted (21.7.2008 for certain purposes, 2.11.2009 for E. otherwise, and 1.10.2010 for W. otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 15; S.I. 2009/2862, art. 2; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2

Modifications etc. (not altering text)

C20 S. 16(1)(3) applied (with modifications) (E.) (2.8.2004) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004 (S.I. 2004/1972), regs. 2(2)(b), 3

C21 S. 16(1) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(e), Sch.

C22 S. 16(1)(3) applied (with modifications) (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(d), Sch.

C23 S. 16(3) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(e), Sch.

C24 S. 16(3) modified (temp.) (E.) (26.6.2006) by The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 9) Order 2006 (S.I. 2006/1680), art. 4(2)

Commencement Information

I6 S. 16 wholly in force at 1.4.2002; s. 16 not in force at Royal Assent see s. 122; s. 16 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 16 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 16 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)