The Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Children Act 1989 and the Care Standards Act 2000 (Miscellaneous Regulations) (Amendment) (Wales) (No. 2) Regulations 2002, and shall come into force on 31st December 2002.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations—

• “1984 Act” (“Deddf 1984”) means the Registered Homes Act 1984(1);

• “1989 Act” (“Deddf 1989”) means the Children Act 1989;

• “2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;

• “home” (“cartref”) means—

  (a)

  a community home within the meaning of section 53 of the 1989 Act;

  (b)

  a home that was registered under Part VIII of the 1989 Act(2);

  (c)

  a home that was registered in a register kept for the purposes of section 60 of the 1989 Act(3);

  (d)

  a home referred to in article 3(9) of the No. 8 Commencement Order (4);

  (e)

  a residential care home within the meaning of section 1(1) of the 1984 Act, a nursing home within the meaning of section 21 of the 1984 Act, and a mental nursing home within the meaning of section 22 of the 1984 Act(5).

• “the No. 8 Commencement Order” (“Gorchymyn Cychwyn Rhif 8”) means the Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002(6).

(1)

1984 c. 24.

(2)

The provisions of Part VIII of the 1989 Act about the registration of certain children’s homes were repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.

(3)

The provisions of section 60 of the 1989 Act about the registration of voluntary children’s homes were repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.

(4)

Article 3(9) applies to certain children’s homes that at 1st April 2002 were not registered under Part VIII of the 1989 Act, but in respect of which, by virtue of article 3(1) of the Care Standards Act 2000 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2001 (S.I. 2001/139), the person carrying on the home was protected from committing the offence under section 63(10) of the 1989 Act of carrying on an unregistered children’s home. S.I. 2001/139 enacted transitional provisions in association with its commencement of section 40 of the 2000 Act, which amended section 63 of the 1989 Act so as to remove the exemption from the requirement to register under that section in respect of children’s homes that accommodated three or fewer children.

(5)

The 1984 Act was repealed by section 117(2) of, and Schedule 6 to, the 2000 Act, subject to the transitional provisions in article 3 of the No. 8 Commencement Order.

(6)

S.I. 2002/920.