Statutory Instruments

2002 No. 629 (C. 19)

SOCIAL CARE, ENGLAND AND WALES

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

PUBLIC HEALTH, ENGLAND AND WALES

The Care Standards Act 2000 (Commencement No. 11) Order 2002

Made

15th March 2002

The Secretary of State, and the National Assembly for Wales, acting jointly, in exercise of the powers conferred upon them by sections 118(7) and 122 of the Care Standards Act 2000(1), and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation, interpretation and extent

1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 11) Order 2002.

(2) In this Order, “the Act” means the Care Standards Act 2000.

(3) This Order extends to England and Wales.

Appointed days

2.—(1) In this article, unless the context otherwise requires, any reference to a section is a reference to a section of the Act.

(2) 18th March 2002 is the day appointed for the coming into force of—

(a)section 102;

(b)the following provisions of section 104—

(i)subsection (1), in so far as it relates to subsections (2)(a), (3)(a)(ii) and (3)(b) brought into force under this sub-paragraph and to subsection (2)(b) in so far as that subsection is brought into force under this sub-paragraph;

(ii)subsection (2)(a);

(iii)subsection (2)(b), except in so far as it inserts paragraphs (a) and (b) of subsection (3E) in section 113 of the Police Act 1997(2);

(iv)subsection (3)(a)(ii);

(v)subsection (3)(b).

(3) 1st April 2002 is the day appointed for the coming into force of the following provisions of section 104—

(a)subsection (1), in so far as it relates to subsections (2)(b) and (3)(a)(i) in so far as those subsections are brought into force under this paragraph;

(b)subsection (2)(b), except in so far as—

(i)it is already in force; and

(ii)it inserts paragraph (b) of subsection (3E) in section 113 of the Police Act 1997;

(c)subsection (3)(a)(i), in so far as it inserts paragraph (ea) in subsection (5) of section 115 of the Police Act 1997.

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

15th March 2002

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

Carwyn Jones

Presiding Officer, National Assembly for Wales

15th March 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to England and Wales, section 102 and certain provisions of section 104 of the Care Standards Act 2000. Section 102 is brought into force on 18th March 2002, and certain provisions of section 104 are brought into force on 18th March and 1st April 2002.

Sections 102 and 104 amend sections 113 and 115 of the Police Act 1997 (c. 50), which relate to criminal record certificates that may be issued under that Act.

Note as to Earlier Commencement Orders

(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

(b)in relation to England by—

Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—

(1)

2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England and Wales, as the Secretary of State and the National Assembly for Wales acting jointly.

(2)

1997 c. 50. Subsections (3A) and (3B) were inserted in section 113 of the Police Act 1997 by section 8(1) of the Protection of Children Act 1999 (c. 14). Section 113(3A) is amended by sections 102(1), 104(1) and (2)(a) and 116 of, and paragraph 25(1) of Schedule 4 to, the Care Standards Act 2000 (c. 14). Subsections (3C) and (3D) were inserted, on a date to be appointed, in section 113 of the Police Act 1997 by section 90(1) of the Care Standards Act 2000. Subsection (6A) was inserted in section 115 of the Police Act 1997 by section 8(2) of the Protection of Children Act 1999. Section 115(6A) is amended by sections 102(2), 104(1) and (3)(b) and 116 of, and paragraph 25(2)(b) of Schedule 4 to, the Care Standards Act 2000.