2002 No. 3210 (C.109)
The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) 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, interpretation and application1
1
This Order may be cited as the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002.
2
3
This Order applies to England only.
Amendment of the No. 9 Order2
1
The No. 9 Order shall be amended in accordance with the following paragraphs of this article.
2
In article 3(5)(b)(i) and (ii) and (8), for “1st January 2003” substitute “1st April 2003”.
3
In Schedule 1—
a
in paragraph 1 in the definition of nurses agency provider, insert after paragraph (b) of the definition—
“but does not include a person for any period in which his licence continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and whose case falls within paragraph (1)(a) of that article;”;
b
after paragraph 2(3)(b), insert—
ba
in a case where—
i
before 1st January 2003 the regulator grants a licence to a nurses agency provider which is valid for a period after 31st December 2002; or
ii
a licence granted to a nurses agency provider continues to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 and he has not applied for a renewal of the licence before 1st January 2003,
21st January 2003;
c
in paragraph 2(5), for “on or after 17th December 2001” substitute “on or after 1st January 2003”;
d
in paragraph 2(6)(b), for “1st January 2003” substitute “1st April 2003”;
e
in paragraph 10(7) and (8), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;
f
in paragraph 13—
i
in sub-paragraph (2)(a) for “1st January 2003” substitute “1st April 2003”;
ii
in sub-paragraph (5)(a), for “1st December 2002”, “1st January 2003” and “6th December 2002” substitute respectively “1st March 2003”, “1st April 2003” and “7th March 2003”;
iii
in sub-paragraph (5)(b), for the words “in December 2002” substitute “in March 2003”;
iv
in sub-paragraph (8)(b), for “1st January 2003” on each occasion where it occurs substitute “1st April 2003”;
v
in sub-paragraph (14)(b), for “1st January 2003” and “31st December 2002” substitute respectively “1st April 2003” and “31st March 2003”;
g
in paragraph 14(8) and (9)(b), for “1st January 2003” substitute “1st April 2003”;
h
in paragraph 15(1)(b)(i) and (2)(b)(i), for “31st December 2002” substitute “31st March 2003”.
Amendment of the No. 10 Order3
In article 3(4) of the No. 10 Order, for “1st January 2003” substitute “1st April 2003”.
Transitional provisions4
1
Where a person (“the authorised person”) is authorised to carry on a nurses agency (“the agency”) by a licence which has been granted to him by a local authority under section 2 of the 1957 Act and that licence ceases to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, paragraph (2) shall apply for the period from the expiry of the licence until—
a
in a case where an application for renewal of a licence is made by the authorised person before 1st January 2003 but is not determined before that date and is not withdrawn or abandoned, the date on which that application is finally disposed of; or
b
in a case where no application for renewal of the licence is made by the authorised person before 1st January 2003, 1st April 2003 or, if later, the date which is the effective date in respect of the authorised person for the purpose of the No. 9 Order4.
2
Where this paragraph applies, the licence referred to in paragraph (1) shall, notwithstanding section 2(6) of the 1957 Act, continue to be treated as valid subject to any conditions imposed by the local authority to which immediately prior to its expiry the licence was subject.
3
Where the application for renewal of the licence referred to in paragraph (1)(a) is not finally disposed of before 1st April 2003, paragraph (4) applies for the period on or after 1st April 2003.
4
Where this paragraph applies—
a
the 1957 Act shall, subject to sub-paragraph (b) of this paragraph, continue to be treated as in force in relation to the agency;
b
the functions, powers and duties that immediately before 1st April 2003 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;
c
sections 11(1) to (3), (5) and (6) and 26 of the Care Standards Act 2000 shall not apply to the authorised person in respect of the agency.
5
Paragraph 3 of the Schedule to the No. 9 Order must be complied with in any case where the regulator grants a licence to a nurses agency provider on or after 17th December 2001 but before 1st January 2003, notwithstanding that that paragraph has been complied with in that case before the coming into force of this Order.
6
In this article, “the 1957 Act” and “the regulator” have the same meaning as in the No. 9 Order and “nurses agency” means an agency for the supply of nurses within the meaning of the 1957 Act.
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);
the Care Standards Act 2000 (Commencement No. 13) (England) Order 2002 (S.I. 2002/839) (C.22);
the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002 (S.I. 2002/1493) (C.43);
the Care Standards Act 2000 (Commencement No. 15 (England) and Transitional Provisions) (Amendment) Order 2002 (S.I. 2002/1790) (C.55); and
the Care Standards Act 2000 (Commencement No. 16) (England) Order 2002 (S.I. 2002/2215) (C.70).
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 September 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) (partially) | 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 79(1) (partially) | 2nd September 2002 | |
Section 80(8) (partially) | 2nd October 2000 | |
Section 94 | 2nd October 2000 | |
Section 95 | 1st April 2002 | |
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 September 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 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 | |
Section 117(2) and Schedule 6 (partially) | 1st September 2002 | |
Section 117(2) and Schedule 6 (partially) | 1st April 2002 | |
Section 117(2) and Schedule 6 (partially) | 1st September 2002 |
Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—