23 National minimum standards.E+W
(1)The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.
[F1(1ZA)But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority.]
[F2(1A)The standards applicable to an establishment or agency for which the CIECSS is the registration authority may, in particular, explain or supplement requirements imposed in relation to that establishment or agency by regulations under section 22.]
(2)The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
(3)Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.
(4)The standards shall be taken into account—
(a)in the making of any decision by the registration authority under this Part;
(b)in any proceedings for the making of an order under section 20;
[F3(ba)by the registration authority in considering whether to serve a notice under section 22B;]
(c)in any proceedings on an appeal [F4under section 21]; and
(d)in any proceedings for an offence under regulations under this Part [F5or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or [F6against a voluntary adoption agency or adoption support agency for an offence under] section 9 of the Adoption and Children Act 2002].
Textual Amendments
F1S. 23(1ZA) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 10; S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F2S. 23(1A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 104, 139(4)
F3S. 23(4)(ba) inserted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(6)(a), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
F4Words in s. 23(4)(c) substituted (1.4.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 28(6)(b), 44; S.I. 2009/3354, art. 3(2); S.I. 2010/1329, art. 2
F5Words in s. 23(4)(d) inserted (30.4.2003 for E., 28.11.2003 for W. for certain purposes and 30.12.2005 for W. otherwise) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 110 (with Sch. 4 paras. 6-8); S.I. 2003/366, art. 2(4); S.I. 2003/3079, art. 2(1); S.I. 2005/2213, art. 2
F6Words in s. 23(4)(d) inserted (20.11.2003 for certain purposes, 1.4.2004 for E. so far as not already in force, otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 21; S.I. 2004/759, art. 4(2)
Modifications etc. (not altering text)
C1S. 23(1)-(3) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(g), Sch.
C2S. 23(1)-(3) applied (with modifications) (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(f), Sch.
C3S. 23(1) applied (with modifications) (8.8.2022) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808), regs. 1(1), 3(2), Sch.
C4S. 23(1A)-(3) applied (with modifications) (8.8.2022) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808), regs. 1(1), 3(2), Sch.
Commencement Information
I1S. 23 wholly in force at 1.4.2002; s. 23 not in force at Royal Assent see s. 122; s. 23(1)-(3) in force for E. at 2.3.2001 by S.I. 2001/731, arts. 1(2), 2; s. 23 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 23(4) in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(b)(6) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 23 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)