Welsh Statutory Instruments
PUBLIC HEALTH, WALES
WALES DENTISTS, WALES
Made
3rd July 2001
The National Assembly for Wales makes the following Order in exercise of the powers conferred by sections 118(4), (6), (7) and 122 of the Care Standards Act 2000(1):
1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No.5 and Transitional Provisions) (Wales) Order 2001.
(2) In this Order—
“the 2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;
“the 1984 Act” (“Deddf 1984”) means the Registered Homes Act 1984(2);
“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.
2.—(1) For the purpose only of enabling an application for registration to be made under section 23(3) of the 1984 Act (registration of nursing homes) 31st July 2001 is the day appointed for the coming into force in relation to Wales of section 39 of the 2000 Act (temporary extension of meaning of “nursing home”) of the Act.
(2) 31st August 2001 is the day appointed for the coming into force in relation to Wales of the remainder of section 39 of the 2000 Act.
3.—(1) Where a person (“the applicant”) has before 31st August 2001 duly made an application under section 23(3) of the 1984 Act in respect of premises in Wales falling within the description in section 21(3B) of the 1984 Act (meaning of “nursing home”) paragraph (2) of this article shall apply.
(2) Section 23(1) of the 1984 Act (offence of carrying on an unregistered nursing home) shall not apply to the applicant—
(a)until such time as the application is granted, or
(b)if the application is refused—
(i)if no appeal is brought, until the expiration of 28 days after service of notice of the National Assembly’s decision (3); or
(ii)if an appeal is brought, until it is determined or abandoned.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)
Dafydd Elis Thomas
The Presiding Officer of the National Assembly for Wales
3rd July 2001
(This note is not part of the Order)
This Order brings into force section 39 of the Care Standards Act 2000 (‘the 2000 Act’) in relation to Wales. Section 39 amends section 21 of the Registered Homes Act 1984 (‘the 1984 Act’) so as to extend the meaning of ‘nursing home’. The effect of the amendment is to require a person carrying on premises used or intended to be used by a dental practitioner for the purposes of treating patients under general anaesthesia to register those premises as a ‘nursing home’ under Part II of the 1984 Act, unless the exemption applies. The exemption applies if the premises are used by a dental practitioner for the purposes of treating patients under general anaesthesia for the National Health Service.
Section 39 comes into force on 31st July 2001 only for the purpose of enabling applications for registration to be made in respect of newly registerable premises. The remainder of it comes into force on 31st August 2001.
The Order also makes transitional provisions. Newly registerable premises may continue to operate unregistered after the 31st August 2001, whilst the registration process is ongoing, so long as they have made an application for registration before that date.
(This note is not part of the Order)
The provisions of the Care Standards Act 2000 (‘the Act’) in respect of which an entry is made in the Table below have been brought into force in relation to Wales on the date specified alongside their entry. Those provisions whose entry is followed by ‘(a)’ were brought into force by S.I. 2000/2992 (W.192) (C.93); those followed by ‘(b)’ were brought into force by S.I. 2001/139 (W.5) (C.7); those followed by ‘(c)’ were brought into force by S.I. 2001/2190 (W.152) (C.70); and those followed by ‘(d)’ were brought into force by S.I. 2001/2354(W.192) (C.80).
| Provision | Date of Commencement |
|---|---|
| Sections 1–5 (c) | 1st July 2001 |
| Section 7(7) (c) | 1st July 2001 |
| Section 8 (partially) (c) | 1st July 2001 |
| Section 9(3)–(5) (c) | 1st July 2001 |
| Sections 11–12 (partially) (c) | 1st July 2001 |
| Sections 14–15 (partially) (c) | 1st July 2001 |
| Section 16 (c) | 1st July 2001 |
| Sections 22–23 (c) | 1st July 2001 |
| Section 25 (c) | 1st July 2001 |
| Sections 33–35 (c) | 1st July 2001 |
| Section 36 (partially) (c) | 1st July 2001 |
| Section 38(c) | 1st July 2001 |
| Section 40 (partially) (b) | 1st February 2001 |
| Section 40 (remainder) (b) | 28th February 2001 |
| Section 41 (b) | 28th February 2001 |
| Sections 42–43 (c) | 1st July 2001 |
| Sections 48–52 (c) | 1st July 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 79(1) (partially) (c) | 1st July 2001 |
| Section 79(2) & Schedule 3 (partially) (c) | 1st July 2001 |
| Section 79(3),(4) (c) | 1st July 2001 |
| Section 98 (d) | 1st July 2001 |
| Sections 107–108 (c) | 1st July 2001 |
| Section 112 (c) | 1st July 2001 |
| Section 113 (2)–(4) (a) | 1st April 2001 |
| Section 114 (partially) (a) | 1st April 2001 |
| Section 114 (remainder) (c) | 1st July 2001 |
| Section 115 (c) | 1st July 2001 |
| Section 116 & Schedule 4 (partially) (b) | 28th February 2001 |
| Section 116 & Schedule 4 (partially) (c) | 1st July 2001 |
| Section 117(1) & Schedule 5 (partially) (c) | 1st July 2001 |
The provisions of the Act in respect of which an entry is made in the Table below have been brought into force by S.I. 2000/2544 (C.72) in relation to Wales, as well as in relation to England, on the date specified alongside their entry.
| Provision | Date of Commencement |
|---|---|
| Section 80(8) | 2nd October 2000 |
| Section 94 | 2nd October 2000 |
| Section 96 (partially) | 15th September 2000 |
| Section 96 (remainder) | 2nd October 2000 |
| Section 99 | 15th September 2000 |
| Section 100 | 2nd October 2000 |
| Section 101 | 2nd October 2000 |
| Section 103 | 2nd October 2000 |
| Section 116 & Schedule 4 (partially) | 2nd October 2000 |
| Section 117(2) & Schedule 6 (partially) | 2nd October 2000 |
In addition various other provisions of the Act have been brought into force in relation to England by the following Statutory Instruments: S.I. 2000/2795 (C.79); S.I. 2001/290 (C.17); S.I. 2001/731 (C.26); S.I. 2001/952 (C.35); S.I. 2001/1210 (C.41); S.I. 2001/1536 (C.55); S.I. 2001/2041 (C.68).
2000 c. 14. The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121(1). It means the National Assembly in relation to Wales; in relation to England, Scotland and Northern Ireland it means the Secretary of State.
The registration functions of the National Assembly under Part II of the 1984 Act are delegated to health authorities in Wales. Those functions were conferred upon the Secretary of State by the 1984 Act but made exercisable by the National Assembly in relation to Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 (S.I.1996/708)) delegated the registration functions of the Secretary of State under Part II of the 1984 Act to health authorities in Wales. S.I. 1996/708 has effect in relation to Wales as if it were a delegation by the National Assembly to health authorities in Wales of those functions under the 1984 Act that were made exercisable by the National Assembly by SI 1999/672 and had previously been delegated to health authorities in Wales by S.I. 1996/708: see sections 23(3) and 43 of the Government of Wales Act 1998 (c. 38).