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

Providers and managers not eligible for registration before commencement of the Act

15.—(1) This sub-paragraph applies to any person who—

(a) carries on an establishment or agency other than—

(i) a residential care home, nursing home or mental nursing home in respect of which a person is required to be registered under Part I or II of the 1984 Act;

(ii) a children’s home, other than a home that is required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part VIII of that Act;

(iii) an agency for the supply of nurses within the meaning of the 1957 Act which the person is authorised to carry on from those premises under a licence granted to him under section 2 of that Act; and

(b) duly makes an application—

(i) in the case of a residential family centre, nurses agency or domiciliary care agency, in the period commencing on 1st March 2002 and ending on 30th June 2002; or

(ii) in the case of any other description of establishment or agency, other than a voluntary adoption agency, in the period commencing on 1st January 2002 and ending on 31st March 2002,

for registration under Part II of the Act as a person who carries on the establishment or agency.

(2) This sub-paragraph applies to any person who—

(a) manages an establishment or agency other than a residential care home in respect of which a person is required to be registered under Part I of the 1984 Act; and

(b) duly makes an application—

(i) in the case of a residential family centre, nurses agency or domiciliary care agency, in the period commencing on 1st March 2002 and ending on 30th June 2002; or

(ii) in the case of any other description of establishment or agency, in the period commencing on 1st January 2002 and ending on 31st March 2002,

for registration under Part II of the Act as a person who manages the establishment or agency.

(3) The following sub-paragraphs of this paragraph shall apply in relation to a person ("the unregistered provider") to whom sub-paragraph (1) or (2) applies.

(4) Section 11(1) to (3), (5) and (6) of the Act shall not apply to an unregistered provider in respect of the establishment or agency—

(a) until such time as the application is granted, either unconditionally or subject only to conditions which have been agreed in writing between him and the Commission; or

(b) if the application is granted subject to conditions which have not been so agreed, or refused—

(i) if no appeal is brought, until the expiration of the period of 28 days after service on him of notice of the Commission’s decision; or

(ii) if an appeal is brought, until it is determined or abandoned.

(5) This sub-paragraph applies where—

(a) the Commission applies to a justice of the peace for an order that section 11 of the Act should apply to an unregistered provider and that sub-paragraph (4) of this paragraph should cease to apply to him; and

(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being.

(6) Where sub-paragraph (5) applies—

(a) the justice may make the order referred to in that sub-paragraph;

(b) section 11 of the Act shall apply to the unregistered provider, and sub-paragraph (4) of this paragraph shall cease to apply to him, from the time when the order is made.

(7) Section 20(2), (4) and (5) of the Act shall apply to any application made to a justice of the peace under sub-paragraph (5), and to any order made under sub-paragraph (6), as if the application or order (as the case may be) were made under section 20(1) of the Act and applied to the unregistered provider.