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Care Standards Act 2000

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Point in time view as at 01/08/2012.

Changes to legislation:

Care Standards Act 2000, SCHEDULE 1 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Sections 6, 54 and 66.

SCHEDULE 1E+W[F1The Welsh Council]

This schedule has no associated Explanatory Notes

Textual Amendments

IntroductoryE+W

F21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

StatusE+W

2E+W[F3The Welsh Council] is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and [F4the Council's] property is to not to be regarded as property of, or property held on behalf of, the Crown.

Textual Amendments

Commencement Information

I1Sch. 1 para. 2 not in force at Royal Assent see s. 122; Sch. 1 para. 2 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 2 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 2 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

General powersE+W

3(1)Subject to any directions given by [F5the Welsh Ministers, the Welsh Council] may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.E+W

(2)That includes, in particular—

(a)co-operating with other public authorities in the United Kingdom;

(b)acquiring and disposing of land and other property; and

(c)entering into contracts.

Textual Amendments

F5Words in Sch. 1 para. 3(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 29; S.I. 2012/1319, art. 2(4)

Commencement Information

I2Sch. 1 para. 3 not in force at Royal Assent see s. 122; Sch. 1 para. 3 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 3 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 3 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

General dutyE+W

4E+WIt is the duty of [F6the Welsh Council] to carry out its functions effectively, efficiently and economically.

Textual Amendments

Commencement Information

I3Sch. 1 para. 4 not in force at Royal Assent see s. 122; Sch. 1 para. 4 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 4 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 4 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

MembershipE+W

5E+W[F7The Welsh Council] is to consist of a chairman and other members appointed by [F8the Welsh Ministers] .

Textual Amendments

Commencement Information

I4Sch. 1 para. 5 not in force at Royal Assent see s. 122; Sch. 1 para. 5 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 5 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 5 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Appointment, procedure etc.E+W

6E+W[F9The Welsh Ministers] may by regulations make provision as to—

(a)the appointment of the chairman and other members of [F10the Welsh Council] (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b)the tenure of office of the chairman and other members of [F11the Council] (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c)the appointment of, constitution of and exercise of functions by committees and sub-committees of [F11the Council] (including committees and sub-committees which consist of or include persons who are not members of [F12the Council]); and

(d)the procedure of [F11the Council] and any committees or sub-committees of [F11the Council] (including the validation of proceedings in the event of vacancies or defects in appointment).

Textual Amendments

F11Words in Sch. 1 para. 6(b)(c)(d) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 32(c); S.I. 2012/1319, art. 2(4)

Commencement Information

I5Sch. 1 para. 6 not in force at Royal Assent see s. 122; Sch. 1 para. 6 in force for E. for certain purposes at 16.3.2001 by S.I. 2001/1193, arts. 1(3), 2(1)(a); Sch. 1 para. 6 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992 art. 2(2), Sch. 2; Sch. 1 para. 6 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 6 in force for E. for certain purposes at 10.4.2001 by S.I. 2001/1536, arts. 1(3), 2(1)

Remuneration and allowancesE+W

7(1)[F13The Welsh Council] may pay to its chairman, to any other member of [F14the Council] and to any member of a committee or sub-committee who is not a member of [F14the Council], such remuneration and allowances as [F15the Welsh Ministers] may determine.E+W

(2)If [F16the Welsh Ministers so determine], [F17the Council] must pay or make provision for the payment of such pension, allowance or gratuities as [F18the Welsh Ministers] may determine to or in respect of a person who is or has been the chairman or any other member of [F17the Council].

(3)If [F19the Welsh Ministers determine] that there are special circumstances that make it right for a person ceasing to hold office as chairman of [F20the Council] to receive compensation, [F21the Council] must pay to him or make provision for the payment to him of such compensation as [F22the Welsh Ministers] may determine.

Textual Amendments

Commencement Information

I6Sch. 1 para. 7 not in force at Royal Assent see s. 122; Sch. 1 para. 7 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 7 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 7 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Chief officerE+W

8(1)There is to be a chief officer of [F23the Welsh Council] who is to be a member of the staff of [F24the Council] and is to be responsible to [F24the Council] for the general exercise of its functions.E+W

(2)The first chief officer is to be appointed by [F25the Welsh Ministers] on such terms and conditions as [F25the Welsh Ministers] may determine.

(3)Any subsequent chief officer is to be appointed by [F26the Council] .

(4)An appointment under sub-paragraph (3) requires the approval of [F27the Welsh Ministers] .

Textual Amendments

Commencement Information

I7Sch. 1 para. 8 not in force at Royal Assent see s. 122; Sch. 1 para. 8 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 8 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 8 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Regional directorsE+W

9E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children’s rights directorE+W

10E+WF29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Director of private and voluntary health careE+W

11E+WF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

StaffE+W

12(1)[F31The Welsh Council] may appoint such other staff as it considers appropriate.E+W

(2)Subject to sub-paragraph (4), staff appointed by [F32the Council] are to be appointed on such terms and conditions as [F33the Council] may determine.

(3)Without prejudice to its powers apart from this paragraph, [F34the Council] may pay, or make provision for the payment of—

(a)pensions, allowances or gratuities;

(b)compensation for loss of employment or for reduction of remuneration,

to or in respect of staff appointed by them.

(4)The [F35Welsh Ministers] may give directions as to—

(a)the appointment of staff by [F36the Council] (including any conditions to be fulfilled for appointment);

(b)their terms and conditions; and

(c)any other provision that may be made by [F37the Council] under sub-paragraph (3).

(5)Sub-paragraphs (3) and (4)(c) apply to the first chief officer as they apply to other staff.

(6)Different directions may be given under sub-paragraph (4) in relation to different categories of staff.

Textual Amendments

F31Words in Sch. 1 para. 12(1) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 35(2); S.I. 2012/1319, art. 2(4)

F34Words in Sch. 1 para. 12(3) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 35(4); S.I. 2012/1319, art. 2(4)

F36Words in Sch. 1 para. 12(4)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 35(5)(b); S.I. 2012/1319, art. 2(4)

F37Words in Sch. 1 para. 12(4)(c) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 35(5)(c); S.I. 2012/1319, art. 2(4)

Commencement Information

I8Sch. 1 para. 12 not in force at Royal Assent see s. 122; Sch. 1 para. 12 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 12 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 12 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Delegation of functionsE+W

13(1)[F38The Welsh Council] may arrange for the discharge of any of its functions by a committee, sub-committee, member or member of staff of [F39the Council] .E+W

(2)[F40The Council] may make arrangements with persons under which they, or members of their staff, may perform functions of members of the staff of [F41the Council] .

Textual Amendments

Commencement Information

I9Sch. 1 para. 13 not in force at Royal Assent see s. 122; Sch. 1 para. 13 in force (W.) at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 13 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 13 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Arrangements for the use of staffE+W

14E+W[F42The Welsh Ministers] may by regulations provide for arrangements under which—

(a)members of staff of [F43the Welsh Council] are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or

(b)members of staff of a prescribed person are placed at the disposal of [F44the Council] for the purpose of discharging, or assisting in the discharge of, any functions of [F44the Council] .

Textual Amendments

F43Words in Sch. 1 para. 14(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 37(b); S.I. 2012/1319, art. 2(4)

F44Words in Sch. 1 para. 14(b) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 37(c); S.I. 2012/1319, art. 2(4)

Commencement Information

I10Sch. 1 para. 14 not in force at Royal Assent see s. 122; Sch. 1 para. 14 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 14 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 14 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

TrainingE+W

15E+WF45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments to authoritiesE+W

16E+W[F46The Welsh Ministers] may make payments to [F47the Welsh Council] of such amounts, at such times and on such conditions (if any) as [F48they consider] appropriate.

Textual Amendments

Commencement Information

I11Sch. 1 para. 16 not in force at Royal Assent see s. 122; Sch. 1 para. 16 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 16 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 16 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

FeesE+W

17E+WF49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AccountsE+W

18(1)[F50The Welsh Council] must keep accounts in such form as [F51the Welsh Ministers] may determine.E+W

(2)[F52The Council] must prepare annual accounts in respect of each financial year in such form as [F53the Welsh Ministers] may determine.

(3)[F54The Council] must send copies of the annual accounts to [F55the Welsh Ministers] and [F56the Auditor General for Wales] within such period after the end of the financial year to which the accounts relate as [F55the Welsh Ministers] may determine.

(4)[F57The Auditor General for Wales] must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before [F58the Assembly] .

(5)In this paragraph and paragraph 19 “financial year”, in relation to [F59the Council] , means—

(a)the period beginning with the date on which [F60the Council] is established and ending with the next 31st March following that date; and

(b)each successive period of twelve months ending with 31st March.

Textual Amendments

F60Words in Sch. 1 para. 18(5)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 39(6)(b); S.I. 2012/1319, art. 2(4)

Commencement Information

I12Sch. 1 para. 18 not in force at Royal Assent see s. 122; Sch. 1 para. 18 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 18 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 18 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Reports and other informationE+W

19(1)As soon as possible after the end of each financial year, [F61the Welsh Council] must make a report to [F62the Welsh Ministers] on the exercise of its functions during the year.E+W

(2)[F63The Council] must provide [F64the Welsh Ministers] with such reports and information relating to the exercise of its functions as [F65they] may from time to time require.

(3)A report made under sub-paragraph (1) must be published in a manner which [F66the Council] considers appropriate.

Textual Amendments

F66Words in Sch. 1 para. 19(3) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 40(4); S.I. 2012/1319, art. 2(4)

Commencement Information

I13Sch. 1 para. 19 not in force at Royal Assent see s. 122; Sch. 1 para. 19 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 19 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 19 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Application of seal and evidenceE+W

20E+WThe application of the seal of [F67the Welsh Council] must be authenticated by the signature—

(a)of any member of [F68the Council] ; or

(b)of any other person who has been authorised by [F68the Council] (whether generally or specifically) for that purpose.

Textual Amendments

F68Words in Sch. 1 para. 20(a)(b) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 41(b); S.I. 2012/1319, art. 2(4)

Commencement Information

I14Sch. 1 para. 20 not in force at Royal Assent see s. 122; Sch. 1 para. 20 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 20 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 20 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

21E+WA document purporting to be duly executed under the seal of [F69the Welsh Council] or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Textual Amendments

Commencement Information

I15Sch. 1 para. 21 not in force at Royal Assent see s. 122; Sch. 1 para. 21 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 21 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 21 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

GeneralE+W

22E+WIn Schedule 1 to the M1Public Records Act 1958 (definition of public records), the following entries shall be inserted at the appropriate places in Part II of the Table at the end of paragraph 3—

“Care Council for Wales.”

“General Social Care Council.”

“National Care Standards Commission.”

Commencement Information

I16Sch. 1 para. 22 not in force at Royal Assent see s. 122; Sch. 1 para. 22 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 22 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 22 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Marginal Citations

23E+WIn the Schedule to the M2Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bc) of paragraph 1 there shall be inserted—

(bd)the Care Council for Wales;

(be)the General Social Care Council;

(bf)the National Care Standards Commission;.

Commencement Information

I17Sch. 1 para. 23 not in force at Royal Assent see s. 122; Sch. 1 para. 23 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 23 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 23 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Marginal Citations

24E+WIn the M3Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entries shall be inserted at the appropriate places—

“General Social Care Council.”

“National Care Standards Commission.”

Commencement Information

I18Sch. 1 para. 24 not in force at Royal Assent see s. 122; Sch. 1 para. 24 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 24 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 24 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Marginal Citations

25E+WIn the M4House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entries shall be inserted at the appropriate places—

“The Care Council for Wales.”

“The General Social Care Council.”

“The National Care Standards Commission.”

Commencement Information

I19Sch. 1 para. 25 not in force at Royal Assent see s. 122; Sch. 1 para. 25 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 25 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 25 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Marginal Citations

26E+WIn the M5Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 25 are inserted at the appropriate places in Part II of Schedule 1.

Commencement Information

I20Sch. 1 para. 26 not in force at Royal Assent see s. 122; Sch. 1 para. 26 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 26 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b); Sch. 1 para. 26 in force for E. for certain purposes at 7.5.2001 by S.I. 2001/1536, arts. 1(3), 2(2)(a)(ii)

Marginal Citations

27E+WIn the M6Government of Wales Act 1998—

(a)F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in Schedule 4 (public bodies subject to reform by Assembly), after paragraph 3 there shall be inserted—

3AThe Care Council for Wales.

(c)F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Sch. 1 para. 27(a) repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12, the amending provision coming into force immediately after the 2007 election (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of the initial period (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act.

F72Sch. 1 para. 27(d) and preceding word repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 72, 73, Sch. 4; S.I. 2005/558, art. 2, Sch. 1

Commencement Information

I21Sch. 1 para. 27 not in force at Royal Assent see s. 122; Sch. 1 para. 27 in force for W. at 1.4.2001 for certain purposes by S.I. 2000/2992, art. 2(2), Sch. 2; Sch. 1 para. 27 in force for E. for certain purposes in so far as not already in force at 9.4.2001 by S.I. 2001/1193, arts. 1(3), 2(3)(b)

Marginal Citations

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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