The Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to England only, certain provisions of the Care Standards Act 2000 (“the Act”) and certain repeals, and makes consequential transitional provision.

The National Care Standards Commission (“the Commission”) will be responsible under the Act for the regulation of children’s homes (section 1 of the Act), private and voluntary health care (section 2 of the Act), care homes (section 3 of the Act) and fostering agencies (section 4(4) of the Act) with effect from 1st April 2002, and residential family centres, domiciliary care agencies and nurses agencies (section 4(2), (3) and (5) of the Act) with effect from 1st July 2002. Voluntary and private children’s homes are currently registered under sections 60 and 63 of the Children Act (“the 1989 Act”). Residential care homes, nursing homes and mental nursing homes are currently registered under the Registered Homes Act (“the 1984 Act”), and nurses agencies are currently licensed under the Nurses Agencies Act 1957 (“the 1957 Act”). Commencement of Parts I and II is staged. Certain provisions come into force for limited purposes on 20th November 2001 (article 3(3)) and 1st January 2002 (article 3(4)) and the remainder of the provisions (in so far as they are not already in force) come into force on 1st April 2002 (article 3(7)) or 1st July 2002 (article 3(8)).

The Commission will also be responsible, with effect from 1st April 2002, for inspecting local authority fostering services and schools and colleges which provide accommodation for children under Parts III and VIII of the Act. Commencement of these Parts is phased.

Article 2 and Schedules 1 and 2 make transitional provision consequential upon the regulation of establishments and agencies under the Act by the Commission.

Paragraphs 1 and 2 of Schedule 1 define the various terms used in Schedule 1. In relation to the undertakings which are registered (“existing undertakings”) under the 1984 and 1989 Acts, or licensed under the 1957 Act, the relevant authority (local authority or Health Authority) must, and the Secretary of State may, complete a transfer of registration form which gives certain information, specified in paragraph 4, in respect of an existing undertaking. The transfer of registration form must specify the applicable description of the establishment or agency (referred to in section 4(8) or (9) of the Act). It is on the basis of this information and any representations made by the person who carries on the existing undertaking, that the registration of the existing undertaking under the Act will be determined (paragraph 5).

Paragraph 6 provides that where the existing undertaking is a residential care home, nursing home or mental nursing home in respect of which an existing provider is registered under the 1984 Act or a nurses agency in respect of which the existing provider is licensed under the 1957 Act, he is not to be treated as having being granted registration under the Act unless certain further information, including a criminal record certificate, specified in that paragraph is applied for or supplied to the Commission.

Paragraph 7 provides for what is to happen where the relevant authority or Secretary of State has decided to cancel registration under the 1984 Act or 1989 Act, or to revoke a licence under the 1957 Act, but that decision has not taken effect before the 1st April 2002 or in the case of nurses agencies before the 1st July 2002. In those circumstances the existing legislation is to continue to apply until such time as the decision takes effect.

Paragraph 8 provides for what is to happen when a notice of proposal to cancel registration has been given under the 1984 Act or 1989 Act or to revoke a licence under the 1957 Act. In those circumstances the notice is to be treated as if it were a notice of the Commission under the Act.

Paragraph 9 makes similar provision in relation to conditions.

Paragraph 10 enables the Commission to obtain information about existing undertakings as if registration had been granted under the Act, where the relevant authority has sent the transfer of registration form in respect of the undertaking to the Commission. Paragraph 10 also provides for existing undertakings in certain circumstances to continue to be registered under the existing legislation and for the Commission to exercise the relevant powers under that legislation.

Paragraph 11 applies to homes registered under the 1984 Act. If the home is to be treated as registered under the Act as a care home, the registration will be subject to a condition preventing rooms being used as private rooms in certain circumstances.

Paragraph 12 enables the Commission to exercise functions exercisable by the relevant authority or the Secretary of State in relation to proceedings and other matters arising out of certain enactments repealed by the Act.

Paragraphs 13 and 14 provide for new and pending applications for registration under the 1984 Act or 1989 Act, or licences under the 1957 Act, to be transferred to the Commission for determination. Notices in respect of the applications are to be treated as if made under the Act. If the relevant authority has decided to grant or refuse an application the existing legislation is to continue to apply until the period for bringing an appeal expires or an appeal has been determined or abandoned.

Paragraph 15 makes provision for registration of persons who carry on or manage establishments or agencies where registration is not required under the 1984 Act or 1989 Act or a licence is not required under the 1957 Act.