Welsh Statutory Instruments
2004 No. 1015 (W.112) (C.45)
SOCIAL CARE, WALES
The Care Standards Act 2000 (Commencement No. 13) (Wales) Order 2004
Made
31st March 2004
The National Assembly for Wales makes the following Order in exercise of the powers conferred by sections 118(5) and (6) and 122 of the Care Standards Act 2000(1).
Citation, interpretation and application
1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 13) (Wales) Order 2004.
(2) In this Order, a reference to a section is to a section of the Care Standards Act 2000.
(3) This Order applies in relation to Wales.
Appointed Day
2. 1 April 2004 is the day appointed for the coming into force of sections 8, 9(2) and (3), 10(2) to (7), 11 to 15, 17 to 21, 24, 26 to 32, 36 and 37 in so far as their provisions relate to domiciliary care agencies and are not already in force.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2).
D. Elis-Thomas
The Presiding Officer of the National Assembly
31st March 2004
Explanatory Note
(This note is not part of the Order)
This order appoints 1 April 2004 as the day for the coming into force of certain provisions of Part II of the Care Standards Act 2000 (“the Act”) for the purposes of regulations made in relation to domiciliary care agencies. This will have the effect of bringing these agencies within the regulatory framework of the Care Standards Act 2000.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The provisions of the Care Standards Act 2000 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 in the Table is followed by the letter indicated below were brought into force by the statutory instrument shown against that letter:
(a)S.I. 2000/2992 (W.192) (C.93)
(b)S.I. 2001/139 (W.5) (C.7)
(c)S.I. 2001/2190 (W.152) (C.70)
(d)S.I. 2001/2354 (W.192) (C.80)
(e)S.I. 2001/2504 (W.205) (C.82)
(f)S.I. 2001/2538 (W.213) (C.83)
(g)S.I. 2001/2782 (W.235) (C.92)
(h)S.I 2002/920 (W.108) (C.24)
(i)S.I. 2002/1175 (W.123) (C.31)
(j)S.I. 2003/152 (W.22) (C.8)
(k)S.I. 2003/501 (W.70) (C.27)
(l)S.I. 2003/2528 (W.243) (C.95).
| Provision | Date of Commencement |
|---|---|
| Sections 1 to 5 (c) | 1st July 2001 |
| Section 7(7) (c) | 1st July 2001 |
| Section 8 (partially) (c) | 1st July 2001 |
| Section 8 (partially) (h) | 1st April 2002 |
| Section 8 (partially)(j) | 30th January 2003 |
| Section 8 (partially) (l) | 2nd October 2003 |
| Section 9(1) and (2) (partially)(j) | 30th January 2003 |
| Section 9(1) and (2) (partially) (l) | 2nd October 2003 |
| Section 9(3) to (5) (c) | 1st July 2001 |
| Section 9 (remainder) (h) | 1st April 2002 |
| Section 10(2) to (7)(partially) (h) | 1st April 2002 |
| Section 10(2) to (7) (partially) (j) | 30th January 2003 |
| Sections 11 and 12 (partially) (c) | 1st July 2001 |
| Sections 11 and 12 (partially) (h) | 1st April 2002 |
| Sections 11 and 12 (partially) (j) | 30th January 2003 |
| Sections 11 and 12 (partially) (l) | 2nd October 2003 |
| Section 13 (partially) (h) | 1st April 2002 |
| Section 13 (partially) (j) | 30th January 2002 |
| Section 13 (partially) (l) | 2nd October 2003 |
| Sections 14 and 15 (partially) (c) | 1st July 2001 |
| Sections 14 and 15 (partially) (h) | 1st April 2002 |
| Sections 14 and 15 (partially) (l) | 2nd October 2003 |
| Sections 14 and 15 (partially) (j) | 30th January 2003 |
| Section 16 (c) | 1st July 2001 |
| Sections 17 to 21 (partially) (h) | 1st April 2002 |
| Sections 17 to 21 (partially) (j) | 30th January 2003 |
| Sections 17 to 21 (partially) (l) | 2nd October 2003 |
| Sections 22 to 23 (c) | 1st July 2001 |
| Section 24 (partially) (h) | 1st April 2002 |
| Section 24 (partially) (j) | 30th January 2003 |
| Section 24 (partially) (l) | 2nd October 2003 |
| Section 25 (c) | 1st July 2001 |
| Sections 26 to 32 (partially) (h) | 1st April 2002 |
| Sections 26 to 32 (partially) (j) | 30th January 2003 |
| Sections 26 to 32 (partially) (l) | 2nd October 2003 |
| Sections 33 to 35 (c) | 1st July 2001 |
| Section 36 (partially) (c) | 1st July 2001 |
| Section 36 (partially) (h) | 1st April 2002 |
| Section 36 (partially) (j) | 30th January 2003 |
| Section 36 (partially) (l) | 2nd October 2003 |
| Section 37 (partially) (h) | 1st April 2002 |
| Section 37 (partially) (j) | 30th January 2003 |
| Section 37 (partially) (l) | 2nd October 2003 |
| Section 38 (c) | 1st July 2001 |
| Section 39 (partially) (e) | 31st July 2001 |
| Section 39 (remainder) (e) | 31st August 2001 |
| Section 40 (partially) (b) | 1st February 2001 |
| Section 40 (remainder) (b) | 28th February 2001 |
| Section 41 (b) | 28th February 2001 |
| Sections 42 to 43 (c) | 18th June 2001 |
| Sections 45 and 46 (j) | 30th January 2003 |
| Sections 48 to 52 (c) | 1st July 2001 |
| Section 53 (partially) (j) | 30th January 2003 |
| Section 54(1), (3) to (7) (a) | 1st April 2001 |
| Section 55 & Schedule 1 (a) | 1st April 2001 |
| Sections 56 to 62 (partially) (i) | 30th April 2002 |
| Section 56 and 58 to 60 and 62 (remainder) (k) | 1st June 2003 |
| Section 63 (f) | 31st July 2001 |
| Section 64(2) to (4) (partially) (i) | 30th April 2002 |
| Section 64(2) to (5) (remainder) (k) | 1st June 2003 |
| Section 65 (partially) (i) | 30th April 2002 |
| Section 65 (remainder)(k) | 1st June 2003 |
| Section 66 (f) | 31st July 2001 |
| Section 67 (f) | 1st October 2001 |
| Section 68 and 69 (k) | 1st June 2003 |
| Section 70(1) (f) | 1st October 2001 |
| Section 71 (partially) (f) | 31st July 2001 |
| Section 71 (remainder) (i) | 30th April 2002 |
| Section 72 & Schedule 2 (a) | 13th November 2000 |
| Section 72A (g) | 26th August 2001 |
| Section 72B & Schedule 2A (g) | 26th August 2001 |
| Section 73 (as amended) & Schedule 2B (g) | 26th August 2001 |
| Section 75 (as amended) (g) | 26th August 2001 |
| Section 75A (g) | 26th August 2001 |
| Sections 76 to 78 (as amended) (g) | 26th August 2001 |
| Section 79(1) (partially) (c) | 1st July 2001 |
| Section 79(1) (remainder) (h) | 1st April 2002 |
| Section 79(2) & Schedule 3 (partially) (c) | 1st July 2001 |
| Section 79(2) & Schedule 3 (remainder) (h) | 1st April 2002 |
| Section 79(3),(4) (c) | 1st July 2001 |
| Section 79(5) (h) | 1st April 2002 |
| Section 95 (h) | 1st April 2002 |
| Section 98 (d) | 1st July 2001 |
| Sections 105 and 106 and paragraph 21 of Schedule 4 (j) | 1st February 2003 |
| Sections 107 to 108 (c) | 1st July 2001 |
| Section 110 (h) | 1st April 2002 |
| Section 111(1) (l) | 2nd October 2003 |
| Section 111(2) (partially) (l) | 2nd October 2003 |
| Section 112 (c) | 1st July 2001 |
| Section 113 (2) to (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 116 & Schedule 4 (partially) (h) | 1st April 2002 |
| Section 116 & Schedule 4 (partially) (j) | 29th January 2003 |
| Section 117(1) & Schedule 5 (partially) (c) | 1st July 2001 |
| Section 117(1) & Schedule 5 (partially) (g) | 26th August 2001 |
| Section 117(2) & Schedule 6 (partially) (h) | 1st April 2002 |
| Section 117 and Schedule 5 (partially (j) | 29th January 2003 |
| Section 117 and Schedule 6 (partially) (j) | 29th January 2003 |
| Section 117 and Schedule 6 (partially) (l) | 2nd October 2003 |
| Sections 105 and 106 and paragraph 21 of Schedule 4(j) | 1st February 2003 |
The provisions of the Care Standards Act 2000 in respect of which an entry is made in the Table below have been brought into force in relation to Wales, as well as in relation to England, on the date specified alongside their entry. Those provisions whose entry is followed by “(a)” were brought into force by S.I. 2000/2544 (C.72); and those whose entry is followed by “(b)” were brought into force by S.I. 2002/629 (C.19).
| Provision | Date of Commencement |
|---|---|
| Section 80(8) (a) | 2nd October 2000 |
| Section 94 (a) | 2nd October 2000 |
| Section 96 (partially) (a) | 15th September 2000 |
| Section 96 (remainder) (a) | 2nd October 2000 |
| Section 99 (a) | 15th September 2000 |
| Section 100 (a) | 2nd October 2000 |
| Section 101 (a) | 2nd October 2000 |
| Section 102 (b) | 18th March 2002 |
| Section 103 (a) | 2nd October 2000 |
| Section 104 (partially) (b) | 18th March 2002 |
| Section 104 (partially) (b) | 1st April 2002 |
| Section 116 & Schedule 4 (partially) (a) | 2nd October 2000 |
| Section 117(2) & Schedule 6 (partially) (a) | 2nd October 2000 |
In addition various other provisions of the Care Standards Act 2000 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); S.I. 2001/3331 (C.109); S.I. 2001/3852 (C.125); S.I. 2001/4150 (C.134); S.I. 2002/839 (C.22); S.I. 2002/1245 (C.33); S.I. 2002/1493 (C.43); S.I. 2002/1790 (C.55); S.I. 2002/2215 (C.70); S.I 2003/365 (C.23), S.I 2003/933 (C.47) and S.I. 2004/484 (C.20).
2000 c. 14. The power is exercisable by the appropriate minister. The “appropriate minister” is defined in section 121(1). In relation to Wales it means “the Assembly”. Section 5(b) defines “the Assembly” as the National Assembly for Wales.