The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.

Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.

No provision may be made under subsection (1) without the consent of the Secretary of State.

If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).

Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate.

This section and the next apply to a scheme made under section 38, 70 or 79(3) for transferring eligible employees.

Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.

Such a scheme may be made by the appropriate Minister, and a recommendation may be made to Her Majesty in Council to make an Order containing such a scheme, only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

Subsections (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

Where an employee objects as mentioned in subsection (3), his contract of employment with the old employer is terminated immediately before the date of transfer; but he is not to be treated, for any purpose, as having been dismissed by that employer.

This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.

In this section—

• “date of transfer” means the date of transfer determined under the scheme in relation to the employee;

• “transferee” means the new employer to whom the employee is or would be transferred under the scheme;

and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.

Schedule 5 (which makes transitional and saving provision) shall have effect; but nothing in that Schedule shall be taken to prejudice the operation of sections 16 and 17 of the M1Interpretation Act 1978 (which relate to the effect of repeals).

The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in that Schedule.

Any power conferred on the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act except an order under section 38 or 79(3) shall be exercised by statutory instrument.

An order making any provision by virtue of section 119(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

Subject to subsection (2), an instrument containing regulations or an order made by the Secretary of State, except an instrument containing an order under section 122, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subsections (5) to (7) apply to any power of the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act; and subsections (5) and (6) apply to any power of Her Majesty to make an Order in Council under section 70.

The power may be exercised either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case.

The provision which, by virtue of subsection (7), may be made by regulations F3or an orderunder the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.

This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

The provision which may be made under subsection (1) includes provision amending or repealing any enactment or instrument.

Section 84(1) of the M11Government of Wales Act 1998 (payment of Assembly receipts into the Consolidated Fund) does not apply to any sums received by the Assembly by virtue of any provision of this Act.

The reference to the 1989 Act in Schedule 1 to the M2National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by or under this Act.

Subsection (2) does not affect the power to make further Orders varying or omitting that reference.

In this Act—

• “adult” means a person who is not a child;

• “appropriate Minister” means—

  1. a

     in relation to England, Scotland or Northern Ireland, the Secretary of State;

  2. b

     in relation to Wales, the Assembly;

  and in relation to England and Wales means the Secretary of State and the Assembly acting jointly;

• “child” means a person under the age of 18;

• “community home” has the same meaning as in the 1989 Act;

• “employment agency” and “employment business” have the same meanings as in the M3Employment Agencies Act 1973; but no business which is an employment business shall be taken to be an employment agency;

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M4Interpretation Act 1978);

• “to foster a child privately” has the same meaning as in the 1989 Act;

• “harm”—

  1. a

     in relation to an adult who is not mentally impaired, means ill-treatment or the impairment of health;

  2. b

     in relation to an adult who is mentally impaired, or a child, means ill-treatment or the impairment of health or development;

• “health service hospital” has the same meaning as in the M12National Health Service Act 1977;

• “illness” includes any injury;

• “independent school” has the same meaning as in the M5Education Act 1996;

• “local authority” has the same meaning as in the 1989 Act;

• “local authority foster parent” has the same meaning as in the 1989 Act;

• “medical” includes surgical;

• “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;

• “National Health Service body” means a National Health Service trust, F4an NHS foundation trust,F5a Strategic Health Authority,a Health Authority, a Special Health Authority F6, a Primary Care Trust or a Local Health Board;

• “parent”, in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;

• “parental responsibility” has the same meaning as in the 1989 Act;

• “prescribed” means prescribed by regulations;

• “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996;

• “regulations” (except where provision is made for them to be made by the Secretary of State or the Assembly) means regulations made by the appropriate Minister;

• “relative” has the same meaning as in the 1989 Act;

• “school” has the same meaning as in the M6Education Act 1996;

• “social services functions” means functions which are social services functions for the purposes of the M7Local Authority Social Services Act 1970;

• “treatment” includes diagnosis;

• “the Tribunal” means the tribunal established by section 9 of the 1999 Act;

• “undertaking” includes any business or profession and—

  1. a

     in relation to a public or local authority, includes the exercise of any functions of that authority; and

  2. b

     in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body;

• “voluntary organisation” has the same meaning as in the Adoption Act 1976.

In this Act, the expression “personal care” does not include any prescribed activity.

For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.

References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.

A determination under subsection (6) or (7) may be made either generally or in relation to a particular home or class of homes.

An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.

References in this Act to a child’s being looked after by a local authority shall be construed in accordance with section 22 of the 1989 Act.

Any register kept for the purposes of this Act may be kept by means of a computer.

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

This Act may be cited as the Care Standards Act 2000.

Subject to subsections (3) and (4), this Act extends to England and Wales only.

Section 70 and, so far as relating to subsections (2) to (5) of that section, sections 114, 115 and 118 extend also to Scotland and Northern Ireland.

The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.