Search Legislation

The Care Standards Act 2000 (Commencement No.3) (Wales) Order 2001

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Welsh Statutory Instruments

2001 No. 2190 (W.152) (C.70)

SOCIAL CARE, WALES

SOCIAL WELFARE SERVICES, WALES

The Care Standards Act 2000 (Commencement No.3) (Wales) Order 2001

Made

12th June 2001

The National Assembly for Wales makes the following Order in exercise of the powers conferred upon it by section 122 of the Care Standards Act 2000 (1):

Citation and interpretation

1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No.3) (Wales) Order 2001.

(2) In this Order—

  • the Act” (“y Ddeddf”) means the Care Standards Act 2000.

Appointed day

2.  The provisions of the Act specified in column 1 of the Table contained in the Schedule to this Order shall come into force in relation to Wales on 1st July 2001, but where particular purposes are specified in relation to any provision in column 2 of the Table, the provision shall come into force only for those purposes.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

Dafydd Elis Thomas

The Presiding Officer of the National Assembly for Wales

12th June 2001

Article 2(1)

THE SCHEDULE

The Table

Provisions of the Act coming into force on 1st July 2001

Column 1 – provision of the ActColumn 2– purpose for which the provision is to come into force
Sections 1 (Children’s homes), 2 (Independent hospitals etc.), 3 (Care homes), 4 (Other basic definitions), 5 (Registration authorities), and 7(7) (General duties of the Commission).
Section 8 (General functions of the Assembly).For the purposes of enabling subordinate legislation to be made under it.
Section 9(3)–(5) (Co— operative working).
Sections 11 (Requirement to register),12 (Applications for registration), 14 (Cancellation of registration), 15 (Applications by registered persons).For the purposes of enabling subordinate legislation to be made under them.
Sections 16 (Regulations about registration), 22 (Regulation of establishments and agencies), 23 (National minimum standards), 25 Contravention of regulations, 33 (Annual returns), 34 (Liquidators etc) and 35 (Death of registered person).
Section 36 (Provision of copies of registers).For the purposes of enabling subordinate legislation to be made under it.
Sections 38 (Transfers of staff under Part II), 42 (Power to extend the application of Part II), 43 (Introductory), 48 (Regulation of the exercise of relevant fostering functions), 49 (National minimum standards), 50 (Annual returns), 51 (Annual fee), 52 (Contravention of regulations).
Section 79(1) (Amendment of Children Act 1989 (c. 41)).For the purposes of enabling subordinate legislation to be made under a provision inserted by it into the Children Act 1989.
Section 79(1).For the purposes of inserting the following provisions into the Children Act 1989: section 79B(2) (Other definitions etc) ; and section 79B(9) (which introduces Schedule 9A to the Children Act 1989), but only to the extent necessary for the purposes of enabling subordinate legislation to be made under Schedule 9A to the Children Act 1989 (which is inserted by Schedule 3 to the Act).
Section 79(2) (which introduces Schedule 3 to the Act).For the purposes of enabling subordinate legislation to be made under a provision inserted into the Children Act 1989 by Schedule 3 to the Act.
Sections 79(3) and (4), “(schemes for the transfer of staff)”,107 (Boarding schools: national minimum standards), 108 (Annual fee for boarding school inspections), 112 (Charges for local authority welfare services), 114 (Schemes for the transfer of staff) and 115 (Effect of schemes).
Section 116 (Minor and consequential amendments) (which introduces Schedule 4 to the Act).For the purposes of bringing into force the provisions of Schedule 4 specified below.
Section 117(1) (Transitional provisions, savings and repeals) (which introduces Schedule 5 to the Act).For the purposes of bringing into force the provisions of Schedule 5 specified below.
Schedule 3.For the purposes of enabling subordinate legislation to be made under a provision inserted by it into the Children Act 1989.
Paragraph 5(6) of Schedule 4 (which amends the Adoption Act 1976).
Paragraph 1 of Schedule 5.
Paragraph 2 of Schedule 5.For the purposes of enabling subordinate legislation to be made under it.

Explanatory Note

(This note is not part of the Order)

This Order appoints a day for certain provisions of the Care Standards Act 2000 (“the Act”) to come into force.

It brings into force on 1st July 2001 all powers to make subordinate legislation, and to prepare and publish national minimum standards and other standards, conferred upon the Assembly by the following Parts of the Act (and Schedules associated with those Parts): Part I (Introductory); Part II (Establishments and Agencies); Part III (Local Authority Services); and Part VI (Child Minding and Day Care).

It brings into force section 5 (b) and that part of section 79 that inserts a new section 79B(2) into the Children Act 1989 (being provisions that state the Assembly is to be the social care registration authority for Wales). This will facilitate activities that prepare for the coming into force of those provisions of the Act that require the Assembly to register the provision of social care in Wales.

It also brings into force section 112 (which amends the Local Authority and Social Services Act 1970 so as to make the powers conferred by it exercisable in relation to the functions of local authorities under section 17 of the Health and Social Services and Social Security Adjudications Act 1983). This will allow the Assembly to issue guidance and directions to local authorities in Wales in relation to their power to levy charges for welfare services they provide.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The provisions of the Act in respect of which an entry is made in the Table below have been brought into force in relation to Wales. Those provisions whose entry is followed by “(a)” were brought into force by S.I. 2000/2992 (W.192) (C.93), and those followed by “(b)” were brought into force by S.I. 2001/139 (W.5)(C.7).

ProvisionDate in force
Section 40 (partially) (b)1st February 2001
Section 40 (remainder) (b)28th February 2001
Section 41 (b)28th February 2001
Section 54(1), (3)–(7) (a)1st April 2001
Section 55 & Schedule 1 (a)1st April 2001
Section 72 & Schedule 2 (a)13th November 2000
Section 113 (2)–(4) (a)1st April 2001
Section 114 (partially) (a)1st April 2001
Section 116 & Schedule 4 (both partially) (b)28th February 2001

The provisions of the Act in respect of which an entry is made in the Table below have been brought into force in relation to Wales, as well as England, by S.I. 2000/2544 (C.72).

ProvisionDate of Commencement
Section 80(8)2nd October 2000
Section 942nd October 2000
Section 96 (partially)15th September 2000
Section 96 (remainder)2nd October 2000
Section 9915th September 2000
Section 1002nd October 2000
Section 1012nd October 2000
Section 1032nd October 2000
Section 116 and Schedule 4 (both partially)2nd October 2000
Section 117(2) and Schedule 6 (both partially)2nd October 2000

In addition various other provisions of the Act have been brought into force in relation to England alone by the following instruments: S.I. 2000/2795 (C.79); S.I. 2001/290 (C.17); S.I. 2001/731 (C.26).

(1)

2000 c. 14. The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121 (1) as meaning the National Assembly for Wales in relation to Wales; in relation to England, Scotland or Northern Ireland it means the Secretary of State.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources