2002 No. 1493 (C. 43)
The Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002
Made
The Secretary of State, in exercise of the powers conferred upon him by sections 118(5) to (7) and 122 of the Care Standards Act 20001, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and extent1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002.
2
This Order extends to England only.
Interpretation2
1
In this Order—
“the Act” means the Care Standards Act 2000;
“the 1989 Act” means the Children Act 19892;
“the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 20013;
“the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 20014.
2
In this Order, a reference—
a
to a numbered article is to the article in this Order bearing that number;
b
in an article to a numbered paragraph is to the paragraph in that article bearing that number.
Appointed days3
1
This article shall have effect subject to article 4.
2
1st April 2002 is the day appointed for the coming into force of—
a
section 95 of the Act;
b
section 116 of, and Schedule 4 to, the Act in so far as they relate to paragraph 14(13) and (14) of that Schedule.
Transitional provisions4
1
In this article—
“the Regulations” means the Disqualification for Caring for Children Regulations 19915;
“responsible authority” has the meaning given to it in paragraph 3(1) of Schedule 6 to the 1989 Act.
2
This paragraph applies to any written consent obtained before 1st April 2002—
a
for the purposes of section 65 of the 1989 Act from a responsible authority;
b
for the purposes of regulation 3 of the Regulations from the Secretary of State.
3
Section 65 of the 1989 Act shall have effect from 1st April 2002 in relation to any written consent to which paragraph (2) applies as if the consent had been obtained from the Commission.
4
Where before 1st April 2002 a responsible authority made a decision (“the authority’s decision”) refusing to give their consent under section 65 of the 1989 Act—
a
if an appeal was brought against the authority’s decision before 1st April 2002—
i
sub-paragraphs (1) to (4) and (6) of paragraph 8 of Schedule 6 to the 1989 Act shall continue in force in relation to the authority’s decision and the appeal notwithstanding the repeal of the provisions of Schedule 6 to the 1989 Act specified in Schedule 6 to the Act;
ii
the functions, powers and duties that immediately before 1st April 2002 the responsible authority had under the 1989 Act in relation to the authority’s decision and the appeal shall apply to, and be exercisable by, the Commission instead of the responsible authority;
b
if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the authority’s decision were a decision of the Commission.
5
Where before 1st April 2002 the Secretary of State made a decision (“the Secretary of State’s decision”) refusing to give his consent under regulation 3 of the Regulations—
a
if an appeal was brought against the Secretary of State’s decision before 1st April 2002, sub-paragraphs (1) to (4) of paragraph 5 of Schedule 5 to the 1989 Act shall continue in force in relation to the decision and the appeal notwithstanding the repeal of the provisions of Schedule 5 to the 1989 Act specified in Schedule 6 to the Act;
b
if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the Secretary of State’s decision were a decision of the Commission.
Amendment of the No. 9 Order5
In Schedule 1 to the No. 9 Order—
a
in paragraph 6(3)(c)(i)(aa), for the words “section 115(4)” there shall be substituted the words “115(3) or (4)”;
b
in paragraph 6(3)(c)(i)(aa) and (bb), the words “and that the application is accompanied by a statement referred to in section 113(3C) of that Act” on both occasions where they occur shall be omitted;
c
in paragraph 10(9), for the words “section 11(1) to (3), (5) and (6)” there shall be substituted the words “sections 11(1) to (3), (5) and (6) and 26”;
d
in paragraph 15(4), for the words “Section 11(1) to (3), (5) and (6)” there shall be substituted the words “Sections 11(1) to (3), (5) and (6) and 26”;
e
in paragraphs 15(5) and (6), for the words “section 11” on both occasions where they occur there shall be substituted the words “sections 11 and 26”.
Amendment of the No. 10 Order6
In article 3(2) of the No. 10 Order, there shall be added at the end the words “of this Order and article 4 of the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002”.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Care Standards Act 2000 have been brought into force—
a
in relation to England (as well as Wales) by—
the Care Standards Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2544) (C.72); and
the Care Standards Act 2000 (Commencement No. 11) Order 2002 (S.I. 2002/629) (C.19);
b
in relation to England by—
the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000 (S.I. 2000/2795) (C.79);
the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001 (S.I. 2001/290) (C.17);
the Care Standards Act 2000 (Commencement No. 3) (England) Order 2001 (S.I. 2001/731) (C.26);
the Care Standards Act 2000 (Commencement No. 4) (England) Order 2001 (S.I. 2001/1193) (C.39);
the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001 (S.I. 2001/1210) (C.41);
the Care Standards Act 2000 (Commencement No. 6) (England) Order 2001 (S.I. 2001/1536) (C.55);
the Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001 (S.I. 2001/2041) (C.68);
the Care Standards Act 2000 (Commencement No. 8) (England) Order 2001 (S.I. 2001/3331) (C.109);
the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852) (C.125);
the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 (S.I. 2001/4150) (C.134);
the Care Standards Act 2000 (Commencement No. 12) (England) Order 2002 (S.I. 2002/1245) (C.33); and
the Care Standards Act 2000 (Commencement No. 13) (England) Order 2002 (S.I. 2002/839) (C.22).
Provision of the Act
Date of Commencement
S.I. No.
Sections 1 to 3 (partially)
20th November 2001
Sections 1 to 3 (partially)
1st January 2002
Sections 1 to 3 (in so far as they are not already in force)
1st April 2002
Section 4 (partially)
20th November 2001
Section 4 (partially)
1st January 2002
Section 4 (partially)
1st April 2002
Section 4 (partially)
1st July 2002
Section 5 (partially)
1st April 2002
Section 6(3) and Schedule 1 (partially)
16th March 2001
Section 6 and Schedule 1 (partially)
9th April 2001
Section 7
1st April 2002
Section 10 (partially)
1st April 2002
Section 11 (partially)
20th November 2001
Section 11 (in so far as not already in force)
1st April 2002
Section 12 (partially)
20th November 2001
Sections 12 and 13 (partially)
1st January 2002
Sections 12 and 13 (in so far as they are not already in force)
1st April 2002
Sections 14 to 16 (partially)
20th November 2001
Sections 14 to 16 (partially)
1st January 2002
Sections 14 to 16 (in so far as they are not already in force)
1st April 2002
Sections 17 to 20
1st April 2002
Section 21 (partially)
20th November 2001
Section 21 (in so far as not already in force)
1st April 2002
Section 22
20th November 2001
Section 23(1) to (3)
2nd March 2001
Section 23(4) (partially)
1st January 2002
Section 23 (in so far as not already in force)
1st April 2002
Section 24
1st April 2002
Section 25 (partially)
20th November 2001
Section 25 (in so far as not already in force)
1st April 2002
Section 26
1st April 2002
Section 27 (partially)
1st January 2002
Section 27 (in so far as not already in force)
1st April 2002
Sections 28 to 30
1st April 2002
Section 31 (partially)
20th November 2001
Sections 31 and 32 (partially)
1st January 2002
Sections 31 and 32 (in so far as they are not already in force)
1st April 2002
Sections 33 to 36 (partially)
20th November 2001
Sections 33 to 36 (in so far as they are not already in force)
1st April 2002
Section 37
1st April 2002
Section 38
20th November 2001
Section 39 (partially)
19th February 2001
Section 39 (in so far as not already in force)
19th March 2001
Section 40 (partially)
15th October 2000
Section 40 (in so far as not already in force)
1st January 2001
Section 41
1st January 2001
Sections 43, 45(4), 48, 49, 50, 51 and 52 (partially)
20th November 2001
Sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53 (partially)
1st April 2002
Section 54 and Schedule 1 (partially)
10th April 2001
Section 54 and Schedule 1 (partially)
7th May 2001
Section 54 (partially)
25th March 2002
Section 55 (partially)
7th May 2001
Section 55 (partially)
25th March 2002
Section 59 (partially)
7th May 2001
Section 60 (partially)
7th May 2001
Section 62 (partially)
7th May 2001
Section 62 (partially)
25th March 2002
Section 63 (partially)
7th May 2001
Section 63 (partially)
25th March 2002
Section 65 (partially)
7th May 2001
Section 66 (partially)
7th May 2001
Section 66 (partially)
25th March 2002
Section 67 (partially)
25th March 2002
Section 70(1)
25th March 2002
Section 71 (partially)
7th May 2001
Section 71 (partially)
25th March 2002
Section 79 and Schedule 3 (partially)
16th March 2001
Section 79 (partially) and Schedule 3 (in so far as not already in force)
2nd July 2001
Section 79(1) (partially)
2nd September 2002
Section 79(1) (partially)
1st April 2002
Section 80(8) (partially)
2nd October 2000
Section 94
2nd October 2000
Section 96 (partially)
15th September 2000
Section 96 (in so far as not already in force)
2nd October 2000
Section 98
1st April 2001
Section 99
15th September 2000
Section 100
2nd October 2000
Section 101
2nd October 2000
Section 102
18th March 2002
Section 103
2nd October 2000
Section 104 (partially)
18th March 2002 and 1st April 2002
Sections 105(1) to (4), 107 and 108 (partially)
20th November 2001
Sections 105 to 110 (in so far as they are not already in force)
1st April 2002
Section 111 (partially)
1st July 2002
Section 112
4th October 2001
Section 113(1), (3) and (4) (partially)
25th March 2002
Sections 114 and 115
16th March 2001
Section 116 and Schedule 4 (partially)
2nd October 2000
Section 116 and Schedule 4 (partially)
1st January 2001
Section 116 and Schedule 4 (partially)
2nd July 2001
Section 116 and Schedule 4 (partially)
1st April 2002
Section 116 and Schedule 4 (partially)
1st April 2002
Section 117(2) and Schedule 6 (partially)
2nd October 2000
Section 117(2) and Schedule 6 (partially)
4th October 2001
Section 117(2) and Schedule 6 (partially)
1st April 2002 and 1st July 2002
Section 117(2) and Schedule 6 (partially)
1st April 2002 and 1st July 2002
Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—