(This note is not part of the Order)
This Order brings into force, in relation to England only, certain provisions of the Care Standards Act 2000 which amend other statutory provisions (article 3). They amend the Protection of Children Act 1999, to allow certain authorities to refer persons for inclusion in the list of individuals considered unsuitable to work with children. They also amend provisions in the Children Act 1989 concerning persons disqualified from carrying on or being employed in children’s homes and related appeals.
Article 4 makes transitional provision in connection with the amendments to the Children Act.
Article 5 amends the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001. The amendments relate to the applications for criminal record certificates to be made by persons licensed under the Nurses Agencies Act 1957 to carry on nurses agencies, and their staff, for the purpose of being treated as registered under the Care Standards Act 2000. The amendments also provide that in certain circumstances a person who during a certain period is not treated as registered under that Act, or has applied for registration under that Act in accordance with paragraph 15 of that Order, shall not be subject to section 26 of the Act. Section 26 makes it an offence to apply false descriptions of establishments or agencies without being registered under the Act.
Article 6 amends the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001, to enable certain provisions of the Children Act 1989 repealed by that Order to continue in force for transitional purposes under article 4.