The Care Standards Act 2000 (Commencement No. 5) (England) Order 2001

Explanatory Note

(This note is not part of the Regulations)

This Order brings into force certain provisions of the Care Standards Act 2000 (“the Act”) in relation to England only.

The Order brings into force, on 16th March 2001, subsections (1) and (2) of section 79 of the Act (and with subsection (2), Schedule 3 to the Act) for the limited purpose of empowering the Secretary of State to make the regulations provided for under Part XA of, and Schedule 9A to, the Children Act 1989 (“the 1989 Act”) in preparation for the full implementation of those provisions later. The purposes of the regulation-making powers are described in Article 2 of the Order.

The Order also brings into force subsections (3) and (4) of section 79 and sections 114 and 115 of the Act, enabling the Secretary of State, as the appropriate Minister, to make a scheme for the transfer of certain local authority staff to the new registration authority, who, in relation to child minding and day care in England, will be the Chief Inspector of Schools.

Part XA of, and Schedule 9A to, the 1989 Act will, when fully implemented, make new provision for the regulation of child minding and the provision of day care in England under the new registration authority, Her Majesty’s Chief Inspector of Schools in England. At that stage, Part X of, and Schedule 9 to, the 1989 Act, under which child minding and the provision of day care are regulated now, will, by section 79(5) of the Act, cease to have effect in relation to England.

Subsequent Orders will bring subsections (1) and (2) of section 79 of the Act fully into force in relation to England and bring into force in England subsection (5) of section 79.