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

Providers and managers not eligible for registration before commencement of the 2000 Act

5.—(1) This sub-paragraph applies to any person who—

(a) carries on an establishment other than—

(i) a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part I or Part II of the 1984 Act;

(ii) a children’s home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part VIII of that Act; and

(b) duly makes an application for registration before 1st July 2002 under Part II of the 2000 Act as a person who carries on the establishment.

(2) This sub-paragraph applies to any person who—

(a) manages an establishment other than a residential care home in respect of which a person is required to be registered under section 3 of the 1984 Act; and

(b) duly makes an application for registration before 1st July 2002 under Part II of the 2000 Act as a person who manages the establishment.

(3) The following sub-paragraphs shall apply in relation to a person (“the unregistered provider”) to whom sub-paragraphs (1) or (2) apply.

(4) Section 11(1), (5) and (6) of the 2000 Act shall not apply to an unregistered provider in respect of the establishment—

(a) until such time as the application is granted, either unconditionally or subject only to conditions which have been agreed in writing between him or her and the National Assembly; or

(b) if the application is granted subject to conditions which have not been so agreed, or refused—

(i) if no appeal is brought, until the expiration of the period of 28 days after service on him or her of the National Assembly’s decision; or

(ii) if an appeal is brought, until it is determined or abandoned.

(5) This sub-paragraph applies where—

(a) the National Assembly applies to a justice of the peace for an order that section 11(1), (5) and (6) of the 2000 Act should apply to an unregistered provider and that sub-paragraph (4) of this paragraph should cease to apply to him; and

(b) it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being.

(6) Where sub-paragraph (5) applies—

(a) the justice may make the order referred to in that sub-paragraph;

(b) section 11 of the 2000 Act shall apply to the unregistered provider, and sub-paragraph (4) of this paragraph shall cease to apply to him, from the time when the order is made.

(7) Section 20(2), (4) and (5) of the 2000 Act shall apply to any application made to a justice under sub-paragraph (5), and to any order made under sub-paragraph (6), as if the application or order (as the case may be) were made under section 20(1) of the 2000 Act and applied to the unregistered provider.