The Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002

Transitional savings in respect of the 1989 Act

4.—(1) This sub-paragraph applies in relation to a 1989 Act home when, in accordance with paragraph 6(3), the person carrying on the home is treated as having applied for and been granted registration under Part II of the 2000 Act in respect of the home.

(2) The provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act and the definition of “registered children’s home” in section 105 of that Act, that are repealed under section 117(2) of, and Schedule 6 to, the 2000 Act shall continue in force for the purpose of giving effect to the following provisions of this paragraph.

(3) Until such time as sub-paragraph (1) applies in relation to a registered children’s home, and subject to sub-paragraph (5), the provisions of, and under, the 1989 Act referred to in sub-paragraph (2) which are about registered children’s homes shall continue in force in relation to, and in respect of, the home as if any reference in those provisions to the responsible or local authority is a reference to the National Assembly.

(4) Sub-paragraph (3) shall, in particular, have effect in relation to a home referred to in that sub-paragraph so that—

(a) any notice of a proposal given by an authority under paragraph 5(4) of Schedule 6 to the 1989 Act shall be treated as given by the National Assembly in respect of a proposal made by it, and any thing done in relation to the authority in response to the notice shall be treated as done in relation to the National Assembly;

(b) any decision of an authority referred to in paragraph 7(3) of Schedule 6 to the 1989 Act, and any notice given about that decision, shall be treated as made or given by the National Assembly, and anything done in relation to the authority in response to that decision or notice shall be treated as done in relation to the National Assembly.

(5) Sub-paragraph (3) shall not have effect in relation to—

(a) paragraph 3(2) to (5) of Schedule 6 to the 1989 Act; and

(b) without prejudice to section 63 of the Government of Wales Act 1998 (Exercise of functions by Assembly staff), paragraph 6(5) of Schedule 6 to the 1989 Act.

(6) In so far as the preceding sub-paragraphs of this paragraph do not apply, where by virtue of section 16 of the Interpretation Act 1978, or by virtue of that section as applied by section 23 of that Act, any investigation, legal proceeding or remedy may at any time be instituted, continued or enforced by an authority in relation to a registered children’s home as if section 117(2) of the 2000 Act, in so far as it relates to the provisions of the 1989 Act referred to in sub-paragraph (2), had not been passed—

(a) any such investigation, legal proceeding or remedy may be instituted, continued or enforced by the National Assembly as if section 117(2), as just described, had not been passed; and

(b) any function, power or duty that applied to, or was exercisable by, an authority for the purpose of instituting, continuing or enforcing any such investigation, legal proceeding or remedy shall also apply to, and be exercisable by, the National Assembly as if section 117(2) had not, as just described, been passed.

(7) Until such time as sub-paragraph (1) applies in relation to a voluntary children’s home the provisions of, and under, the 1989 Act referred to in sub-paragraph (2) which are about voluntary children’s homes shall continue in force in relation to, and in respect of, the home as they would have applied if section 117(2) of the 2000 Act had not been passed.

(8) The provisions of, under, and in connection with, the 1989 Act about the functions, powers and duties of the Registered Homes Tribunal in respect of a 1989 Act home shall continue to apply for the purposes of any application which was commenced before the coming into force of this Order in relation to a voluntary or registered children’s home or which is made under this paragraph.

(9) So far as is possible, notwithstanding the application of sub-paragraph (1) to a home, any investigation, legal proceeding or remedy in respect of the home may be instituted, continued or enforced and any penalty, forfeiture or punishment may be imposed in respect of the person as if sub-paragraph (1) had not applied to that person.

(10) Until such time as sub-paragraph (1) applies in relation to a person carrying on a 1989 Act home, section 11(1), (5) and (6) of the 2000 Act shall not apply to the person in respect of the home.

(11) The provisions of this paragraph are without prejudice to the operation of sections 16 and 23 of the Interpretation Act 1978.