Care Standards Act 2000

Chapter II U.K. Supplemental

118 Orders and regulations. U.K.

(1) 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.

(2) 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.

(3) 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.

In subsection (2) and this subsection, references to the Secretary of State include the Secretary of State and the Assembly acting jointly.

(4) 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 ActF1 ...

(5) 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.

(6) The power may be exercised so as to make, as respects the cases in relation to which it is exercised—

(a) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;

(b) any such provision either unconditionally or subject to any specified condition.

(7) The power may be exercised so as to make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

(8) The provision which, by virtue of subsection (7), may be made by regulations [F2 or an order]under the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.

Textual Amendments

F1 Words in s. 118(4) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 22; S.I. 2012/1319, art. 2(4)

F2 Words in s. 118(8) inserted (26.8.2001 for W.) by 2001 c. 18, s. 7; S.I. 2001/2783, art. 2(2)(h)

[F3 118A Regulations: Wales E+W

(1) 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.

(2) 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.

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

Textual Amendments

F3 S. 118A 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)(3), Sch. 5 para. 32; S.I. 2009/462, art. 2, Sch. 1 para. 35

119 Supplementary and consequential provision etc. E+W

(1) The appropriate Minister may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

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

120 Wales. E+W

(1) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The reference to the 1989 Act in Schedule 1 to the M1 National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by or under this Act.

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

Textual Amendments

F4 S. 120(1) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 33, Sch. 15 Pt. 1; S.I. 2009/162, art. 2, Sch. 1 paras. 35, 36

Marginal Citations

M1 S.I. 1999/672.

121 General interpretation etc. E+W

(1) In this Act—

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

• “appropriate Minister” means—

  (a)

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

  (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 M2 Employment 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 M3 Interpretation Act 1978);

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

• “harm”—

  (a)

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

  (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” [F5 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006];

• “illness” includes any injury;

• “independent school” has the same meaning as in the M4 Education 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;

• [F6 “mental disorder” has the same meaning as in the Mental Health Act 1983;]

• “National Health Service body” means a National Health Service trust, [F7 an NHS foundation trust,]F8 ... a Health Authority, a Special Health Authority [F9 F10 ... 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 M5 Education Act 1996;

• “social services functions” means functions which are social services functions for the purposes of the M6 Local Authority Social Services Act 1970;

• “treatment” includes diagnosis;

• “the Tribunal” means the [F11 First-tier Tribunal];

• “undertaking” includes any business or profession and—

  (a)

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

  (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 [F12 the Adoption and Children Act 2002].

(2) For the purposes of this Act—

(a) a person is disabled if—

(i) his sight, hearing or speech is substantially impaired;

(ii) he has a mental disorder; or

(iii) he is physically substantially disabled by any illness, any impairment present since birth, or otherwise;

(b) an adult is mentally impaired if he is in a state of arrested or incomplete development of mind (including a significant impairment of intelligence and social functioning).

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

(4) 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.

(5) 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.

(6) For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by—

(a) the person who equips and maintains it; and

(b) if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.

(7) Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by—

(a) any specified member of the body of managers for the home; or

(b) any other specified person on whom functions are conferred under the home’s instrument of management.

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

(9) 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.

(10) 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.

(11) For the purposes of this Act an individual is made redundant if—

(a) he is dismissed; and

(b) for the purposes of the M7 Employment Rights Act 1996 the dismissal is by reason of redundancy.

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

(13) 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.

Expression	Provision of this Act
1989 Act	M8 Children Act 1989
1999 Act	M9 Protection of Children Act 1999
[F13 Adoption support agency	Section 4]
Assembly	Section 5
Care home	Section 3
F14 . . .	F14 . . .
[F15 the CIECSS	Section 5.]
F16 . . .	F16 . . .
Children’s home	Section 1
F17 . . .	F17 . . .
Commissioner	Section 72
F18 . . .	F18 . . .
F19 . . .	F19 . . .
Domiciliary care agency	Section 4
Fostering agency	Section 4
Hospital and independent hospital	Section 2
Independent clinic and independent medical agency	Section 2
Registration authority	Section 5
Residential family centre	Section 4
Voluntary adoption agency	Section 4
[F20 the Welsh Council]	[F20 Section 54]

Textual Amendments

F5 S. 121: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 200 (with Sch. 3 Pt. 1)

F6 S. 121(1): definition of "mental disorder" substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 22; S.I. 2008/1900, art. 2

F7 S. 121(1): words in definition of "National Health Service body" inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 112; S.I. 2004/759, art. 2

F8 Words in s. 121(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 95(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 S. 121(1): words in definition of "National Health Service body" substituted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act)) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 6(2), Sch. 5 para. 46; S.I. 2002/2532, arts. 1(3), 2, Sch.; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 para. 12(c)

F10 Words in s. 121(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 95(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 S. 121(1): words in definition of "the Tribunal" substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 187

F12 S. 121(1): words in definition of "voluntary organisation" substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 116(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2

F13 S. 121(13): entry in Table inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 116(b); S.I. 2005/2213, art. 2

F14 Words in s. 121(13) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 23(a); S.I. 2012/1319, art. 2(4)

F15 S. 121(13): entry in Table inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 54; S.I. 2007/935, art. 5

F16 S. 121(13): entry in Table repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 34, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

F17 S. 121(13): entry in Table repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 14), ss. 196, 199, Sch. 14 Pt.2; S.I. 2004/759, art. 13

F18 Words in s. 121(13) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 23(b); S.I. 2012/1319, art. 2(4)

F19 S. 121(13): entry in Table repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(3), Sch. 5 para. 34, Sch. 15 Pt. 1; S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

F20 Words in s. 121(13) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 23(c); S.I. 2012/1319, art. 2(4)

Marginal Citations

M2 1973 c. 35.

M3 1978 c. 30.

M4 1996 c. 56.

M5 1996 c. 56.

M6 1970 c. 42.

M7 1996 c. 18.

M8 1989 c. 41.

M9 1999 c. 14.

122 Commencement. E+W

This Act, except F21 ... this Chapter, shall come into force on such day as the appropriate Minister may by order appoint, and different days may be appointed for different purposes.

Subordinate Legislation Made

P1 S. 122 power partly exercised (14.9.2000): different dates appointed for specified provisions and purposes by S.I. 2000/2544, art. 2

S. 122 power partly exercised (9.10.2000): different dates appointed (E.) for specified provisions and purposes by S.I. 2000/2795, art. 2 (with art. 3)

S. 122 power partly exercised (7.11.2000): different dates appointed (W.) for specified provisions and purposes by S.I. 2000/2992, art. 2(2), Sch. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provisions by S.I. 2001/139, arts. 1(3), 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/290, arts. 1(3), 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: 2.3.2001 appointed (E.) for specified provision by S.I. 2001/731, art. 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/1193, arts. 1(3), 2

S. 122 power partly exercised: 16.3.2001 appointed (E.) for specified provision by S.I. 2001/1210, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/1536, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/2041, arts. 1(4), 2 (with transitional, transitory and savings provisions in art. 3, Sch.)

S. 122 power partly exercised: 1.7.2001 appointed (W.) for specified provisions by S.I. 2001/2190, art. 2, Sch. Table

S. 122 power partly exercised: 1.7.2001 appointed (W.) for specified provision by S.I. 2001/2354, art. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provision by S.I. 2001/2504, art. 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: different dates appointed (W) for specified provisions by S.I. 2001/2538, art. 2

S. 122 power partly exercised: 26.8.2001 appointed (W.) for specified provisions by S.I. 2001/2782, art. 2

S. 122 power partly exercised: 4.10.2001 appointed (E.) for specified provisions by S.I. 2001/3331, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/3852, arts. 1(4), 3 (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, 2005/3397)

S. 122 power partly exercised: different dates appointed (E.) for specified purposes by S.I. 2001/4150, arts. 1(2), 3 (subject to transitional provisions in art. 4 and in S.I. 2002/1493, art. 4) (as amended by S.I. 2002/1493, 2002/1790, 2002/2001, 2002/3210)

S. 122 power partly exercised: different dates appointed (E.W.) for specified provisions by S.I. 2002/629

S. 122 power partly exercised: 1.4.2002 appointed (E.) for specified provision by S.I. 2002/839

S. 122 power partly exercised: 1.4.2002 appointed (W.) for specified provisions by S.I. 2002/920

S. 122 power partly exercised: 30.4.2002 appointed (W.) for specified provisions by S.I. 2002/1175

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2002/1245

S. 122 power partly exercised: 1.4.2002 appointed (E.) for specified provisions by S.I. 2002/1493

S. 122 power partly exercised: 31.5.2002 appointed (E.) for specified provisions by S.I. 2002/1790

S. 122 power partly exercised: 29.7.2002 appointed (E.) for specified provisions by S.I. 2002/2001

S. 122 power partly exercised: 2.9.2002 appointed (E.) for specified provision by S.I. 2002/2215

S. 122 power partly exercised: 19.12.2002 appointed (E.) for specified provisions by S.I. {2002/3210}

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/152, art. 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions and purposes by S.I. 2003/365, art. 3

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/501, art. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/933, art. 2

S. 122 power partly exercised: 2.10.2003 appointed (W.) for specified provisions and purposes by S.I. 2003/2528, art. 2

S. 122 power partly exercised: 1.3.2004 appointed (E.) for specified provisions and purposes by S.I. 2004/484, art. 2

S. 122 power partly exercised: 1.4.2004 appointed (W.) for specified provisions and purposes by S.I. 2004/1015, art. 2

S. 122 power partly exercised: 7.7.2004 appointed (W.) for specified provisions and purposes by S.I. 2004/1730, art. 2

S. 122 power partly exercised: 26.7.2004 appointed for specified provisions and purposes by S.I. 2004/1757, art. 2

S. 122 power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2005/375, art. 2

Textual Amendments

F21 Words in s. 122 omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 24; S.I. 2012/1319, art. 2(4)

123 Short title and extent. E+W

(1) This Act may be cited as the Care Standards Act 2000.

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

F22 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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.

Textual Amendments

F22 S. 123(3) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 25; S.I. 2012/1319, art. 2(4)