The Care Standards Act 2000 (Commencement No. 11) Order 2002

Statutory Instruments

2002 No. 629 (C. 19)

SOCIAL CARE, ENGLAND AND WALES

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

PUBLIC HEALTH, ENGLAND AND WALES

The Care Standards Act 2000 (Commencement No. 11) Order 2002

Made

15th March 2002

The Secretary of State, and the National Assembly for Wales, acting jointly, in exercise of the powers conferred upon them by sections 118(7) and 122 of the Care Standards Act 2000(1), and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation, interpretation and extent

1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 11) Order 2002.

(2) In this Order, “the Act” means the Care Standards Act 2000.

(3) This Order extends to England and Wales.

Appointed days

2.—(1) In this article, unless the context otherwise requires, any reference to a section is a reference to a section of the Act.

(2) 18th March 2002 is the day appointed for the coming into force of—

(a) section 102;

(b) the following provisions of section 104—

(i) subsection (1), in so far as it relates to subsections (2)(a), (3)(a)(ii) and (3)(b) brought into force under this sub-paragraph and to subsection (2)(b) in so far as that subsection is brought into force under this sub-paragraph;

(ii) subsection (2)(a);

(iii) subsection (2)(b), except in so far as it inserts paragraphs (a) and (b) of subsection (3E) in section 113 of the Police Act 1997(2);

(iv) subsection (3)(a)(ii);

(v) subsection (3)(b).

(3) 1st April 2002 is the day appointed for the coming into force of the following provisions of section 104—

(a) subsection (1), in so far as it relates to subsections (2)(b) and (3)(a)(i) in so far as those subsections are brought into force under this paragraph;

(b) subsection (2)(b), except in so far as—

(i) it is already in force; and

(ii) it inserts paragraph (b) of subsection (3E) in section 113 of the Police Act 1997;

(c) subsection (3)(a)(i), in so far as it inserts paragraph (ea) in subsection (5) of section 115 of the Police Act 1997.

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

15th March 2002

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

Carwyn Jones

Presiding Officer, National Assembly for Wales

15th March 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to England and Wales, section 102 and certain provisions of section 104 of the Care Standards Act 2000. Section 102 is brought into force on 18th March 2002, and certain provisions of section 104 are brought into force on 18th March and 1st April 2002.

Sections 102 and 104 amend sections 113 and 115 of the Police Act 1997 (c. 50), which relate to criminal record certificates that may be issued under that Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Care Standards Act 2000 have been brought into force—

(a) in relation to England (as well as Wales) by the Care Standards Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2544) (C. 72); and

(b) in relation to England by—

• the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000 (S.I. 2000/2795) (C. 79);

• the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001 (S.I. 2001/290) (C. 17);

• the Care Standards Act 2000 (Commencement No. 3) (England) Order 2001 (S.I. 2001/731) (C. 26);

• the Care Standards Act 2000 (Commencement No. 4) (England) Order 2001 (S.I. 2001/1193) (C. 39);

• the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001 (S.I. 2001/1210) (C. 41);

• the Care Standards Act 2000 (Commencement No. 6) (England) Order 2001 (S.I. 2001/1536) (C. 55);

• the Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, transitory and Savings Provisions) Order 2001 (S.I. 2001/2041) (C. 68);

• the Care Standards Act 2000 (Commencement No. 8) (England) Order 2001 (S.I. 2001/3331) (C. 109);

• the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852) (C. 125); and

• the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 (S.I. 2001/4150) (C. 134).

  Provision of the Act	Date of Commencement	S.I. No.
  Sections 1 to 3 (partially)	20th November 2001	2001/3852
  Sections 1 to 3 (partially)	1st January 2002	2001/3852
  Sections 1 to 3 (in so far as they are not already in force)	1st April 2002	2001/3852
  Section 4 (partially)	20th November 2001	2001/3852
  Section 4 (partially)	1st January 2002	2001/3852
  Section 4 (partially)	1st April 2002	2001/3852
  Section 4 (partially)	1st July 2002	2001/3852
  Section 5 (partially)	1st April 2002	2001/3852
  Section 6(3) and Schedule 1 (partially)	16th March 2001	2001/1193
  Section 6 and Schedule 1 (partially)	9th April 2001	2001/1193
  Section 7	1st April 2002	2001/3852
  Section 10 (partially)	1st April 2002	2001/3852
  Section 11 (partially)	20th November 2001	2001/3852
  Section 11 (in so far as not already in force)	1st April 2002	2001/3852
  Section 12 (partially)	20th November 2001	2001/3852
  Sections 12 and 13 (partially)	1st January 2002	2001/3852
  Sections 12 and 13 (in so far as they are not already in force)	1st April 2002	2001/3852
  Sections 14 to 16 (partially)	20th November 2001	2001/3852
  Sections 14 to 16 (partially)	1st January 2002	2001/3852
  Sections 14 to 16 (in so far as they are not already in force)	1st April 2002	2001/3852
  Sections 17 to 20	1st April 2002	2001/3852
  Section 21 (partially)	20th November 2001	2001/3852
  Section 21 (in so far as not already in force)	1st April 2002	2001/3852
  Section 22	20th November 2001	2001/3852
  Section 23(1) to (3)	2nd March 2001	2001/731
  Section 23(4) (partially)	1st January 2002	2001/3852
  Section 23 (in so far as not already in force)	1st April 2002	2001/3852
  Section 24	1st April 2002	2001/3852
  Section 25 (partially)	20th November 2001	2001/3852
  Section 25 (in so far as not already in force)	1st April 2002	2001/3852
  Section 26	1st April 2002	2001/3852
  Section 27 (partially)	1st January 2002	2001/3852
  Section 27 (in so far as not already in force)	1st April 2002	2001/3852
  Sections 28 to 30	1st April 2002	2001/3852
  Section 31 (partially)	20th November 2001	2001/3852
  Sections 31 and 32 (partially)	1st January 2002	2001/3852
  Sections 31 and 32 (in so far as they are not already in force)	1st April 2002	2001/3852
  Sections 33 to 36 (partially)	20th November 2001	2001/3852
  Sections 33 to 36 (in so far as they are not already in force)	1st April 2002	2001/3852
  Section 37	1st April 2002	2001/3852
  Section 38	20th November 2001	2001/3852
  Section 39 (partially)	19th February 2001	2001/290
  Section 39 (in so far as not already in force)	19th March 2001	2001/290
  Section 40 (partially)	15th October 2000	2000/2795
  Section 40 (in so far as not already in force)	1st January 2001	2000/2795
  Section 41	1st January 2001	2000/2795
  Sections 43, 45(4), 48, 49, 50, 51 and 52 (partially)	20th November 2001	2001/3852
  Sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53 (partially)	1st April 2002	2001/3852
  Section 54 and Schedule 1 (partially)	10th April 2001	2001/1536
  Section 54 and Schedule 1 (partially)	7th May 2001	2001/1536
  Section 55 (partially)	7th May 2001	2001/1536
  Section 59 (partially)	7th May 2001	2001/1536
  Section 60 (partially)	7th May 2001	2001/1536
  Section 62 (partially)	7th May 2001	2001/1536
  Section 63 (partially)	7th May 2001	2001/1536
  Section 65 (partially)	7th May 2001	2001/1536
  Section 66 (partially)	7th May 2001	2001/1536
  Section 71 (partially)	7th May 2001	2001/1536
  Section 79 and Schedule 3 (partially)	16th March 2001	2001/1210
  Section 79 (partially) and Schedule 3 (in so far as not already in force)	2nd July 2001	2001/2041
  Section 79(1) (partially)	2nd September 2002	2001/2041
  Section 80(8) (partially)	2nd October 2000	2000/2544
  Section 94	2nd October 2000	2000/2544
  Section 96 (partially)	15th September 2000	2000/2544
  Section 96 (in so far as not already in force)	2nd October 2000	2000/2544
  Section 98	1st April 2001	2001/1193
  Section 99	15th September 2000	2000/2544
  Section 100	2nd October 2000	2000/2544
  Section 101	2nd October 2000	2000/2544
  Section 103	2nd October 2000	2000/2544
  Sections 105(1) to (4), 107 and 108 (partially)	20th November 2001	2001/3852
  Sections 105 to 110 (in so far as they are not already in force)	1st April 2002	2001/3852
  Section 111 (partially)	1st July 2002	2001/3852
  Section 112	4th October 2001	2001/3331
  Sections 114 and 115	16th March 2001	2001/1210
  Section 116 and Schedule 4 (partially)	2nd October 2000	2000/2544
  Section 116 and Schedule 4 (partially)	1st January 2001	2000/2795
  Section 116 and Schedule 4 (partially)	2nd July 2001	2001/2041
  Section 116 and Schedule 4 (partially)	1st April 2002	2001/3852
  Section 116 and Schedule 4 (partially)	1st April 2002	2001/4150
  Section 117(2) and Schedule 6 (partially)	2nd October 2000	2000/2544
  Section 117(2) and Schedule 6 (partially)	4th October 2001	2001/3331
  Section 117(2) and Schedule 6 (partially)	1st April 2002 and 1st July 2002	2001/3852
  Section 117(2) and Schedule 6 (partially)	1st April 2002 and 1st July 2002	2001/4150

Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—

• S.I. 2000/2992 (W. 192) (C. 93)

• S.I. 2001/139 (W. 5) (C. 7)

• S.I. 2001/2190 (W. 152) (C. 70)

• S.I. 2001/2354 (W. 192) (C. 80)

• S.I. 2001/2504 (W. 205) (C. 82)

• S.I. 2001/2538 (W. 213) (C. 83)

• S.I. 2001/2782 (W. 235) (C. 92).

(1)

2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England and Wales, as the Secretary of State and the National Assembly for Wales acting jointly.

(2)

1997 c. 50. Subsections (3A) and (3B) were inserted in section 113 of the Police Act 1997 by section 8(1) of the Protection of Children Act 1999 (c. 14). Section 113(3A) is amended by sections 102(1), 104(1) and (2)(a) and 116 of, and paragraph 25(1) of Schedule 4 to, the Care Standards Act 2000 (c. 14). Subsections (3C) and (3D) were inserted, on a date to be appointed, in section 113 of the Police Act 1997 by section 90(1) of the Care Standards Act 2000. Subsection (6A) was inserted in section 115 of the Police Act 1997 by section 8(2) of the Protection of Children Act 1999. Section 115(6A) is amended by sections 102(2), 104(1) and (3)(b) and 116 of, and paragraph 25(2)(b) of Schedule 4 to, the Care Standards Act 2000.

(3)

1998 c. 38.