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

Existing undertakings: transitory provisions

10.—(1) Sub-paragraph (2) shall have effect in relation to an existing undertaking from the date on which the transfer of registration form is sent by the regulator to the Commission until such time as the existing provider is treated, in accordance with paragraphs 5 to 7, as having been granted registration for the purposes of Part II of the Act.

(2) Where sub-paragraph (2) of paragraph 5 applies, the existing provider shall, for the purpose of enabling the Commission to consider or obtain information about any matter in relation to the existing undertaking, be treated as having applied for registration under Part II of the Act in respect of the undertaking as an establishment or agency of the applicable description specified in the transfer of registration form.

(3) The Commission may, until such time as the existing provider is treated, in accordance with paragraphs 5 to 7, as having been granted registration for the purposes of Part II of the Act in respect of the existing undertaking, request the existing provider or the regulator to supply to it any information or documents that, if the existing provider had made an application for registration under Part II of the Act in respect of the existing undertaking, would be relevant for the purpose of determining the application.

(4) Where the Commission requests the existing provider or a relevant authority to supply to it any information or documents in accordance with the preceding sub-paragraph, the existing provider or the relevant authority shall supply such information or documents within fourteen days of the request being made.

(5) This sub-paragraph applies to an existing provider—

(a) in a case where sub-paragraph (2) of paragraph 5 applies to the existing provider, for the period (if any) between—

(i) 1st April 2002 and, if later, the registration commencement date; and

(ii) the registration commencement date and, if later, the effective date;

(b) in a case where, in accordance with paragraph 6, the existing provider is for the time being not to be treated, for the purposes of Part II of the Act, as having been granted registration in respect of an existing undertaking, for the period ending on the latest date by which in accordance with that paragraph he is to apply for a certificate, or supply any evidence, document or information to the Commission for the purpose of being treated as having been granted registration in respect of the undertaking;

(c) where and for the period in which, in accordance with paragraph 7, the existing provider is for the time being not to be treated, for the purposes of Part II of the Act, as having been granted registration in respect of an existing undertaking.

(6) Where, and for any period in which, sub-paragraph (5) applies to an existing provider—

(a) in the case of a residential care home, nursing home or mental nursing home in respect of which the existing provider is registered under Part I or II of the 1984 Act immediately before 1st April 2002—

(i) the registration of the existing provider in respect of the undertaking shall continue in force subject to any conditions imposed by the regulator to which immediately before 1st April 2002 the registration was subject;

(ii) the 1984 Act shall, subject to head (iii) of this paragraph, continue in force in relation to the undertaking;

(iii) the functions, powers and duties that immediately before 1st April 2002 the regulator had under the 1984 Act in relation to the undertaking shall apply to, and be exercisable by, the Commission instead of the regulator;

(b) in the case of a home that immediately before 1st April 2002 is registered in a register kept for the purposes of section 60 of the 1989 Act or registered under Part VIII of that Act—

(i) the registration of the undertaking shall continue in force subject to any conditions imposed by the regulator to which immediately before 1st April 2002 the registration was subject;

(ii) the provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act, and the definition of “registered children’s home” in section 105 of that Act, that are repealed under section 117(2) of, and Schedule 6 to, the Act shall, subject to head (iii) of this paragraph, continue in force in relation to the undertaking;

(iii) the functions, powers and duties (except for the purpose of making subordinate legislation) that immediately before 1st April 2002 the regulator had under Parts VII and VIII of, and Schedules 5 and 6 to, the 1989 Act in relation to the undertaking shall apply to, and be exercisable by, the Commission instead of the regulator.

(7) Where—

(a) the existing provider is authorised to carry on a licensed nurses agency immediately before 1st July 2002 by a licence granted to him by a local authority under section 2 of the 1957 Act; and

(b) sub-paragraph (5) of this paragraph applies for any period on or after 1st July 2002,

sub-paragraph (8) shall apply for that period.

(8) Where this sub-paragraph applies—

(a) the licence granted to the existing provider to carry on a licensed nurses agency shall continue in force subject to any conditions imposed by the regulator to which immediately before 1st July 2002 the licence was subject;

(b) the 1957 Act shall, subject to paragraph (c) of this sub-paragraph, continue in force in relation to that agency;

(c) the functions, powers and duties that immediately before 1st July 2002 the regulator had under the 1957 Act in relation to that agency shall apply to, and be exercisable by, the Commission instead of the regulator.

(9) Where, and for any period in which, sub-paragraph (5) applies to an existing provider, section 11(1) to (3), (5) and (6) of the Act shall not apply to him in respect of the existing undertaking.

(10) In sub-paragraphs (6) and (8), any reference to an Act, or a provision in an Act, shall be construed as including a reference to any regulations made under that Act or provision.