The Care Standards Act 2000 (Commencement No. 21) Order 2005

Welsh Statutory Instruments

2005 No. 375 (W.36) (C.17)

SOCIAL CARE, ENGLAND AND WALES

The Care Standards Act 2000 (Commencement No. 21) Order 2005

Made

22 February 2005

The Secretary of State and the National Assembly for Wales, acting jointly in exercise of the powers conferred upon them by sections 118(5) and (6) and 122 of the Care Standards Act 2000(1), hereby make the following Order:—

Citation and interpretation

1.—(1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 21) Order 2005.

(2) In this Order “the Act” means the Care Standards Act 2000.

Appointed Days

2.—(1) 1 March 2005 is the day appointed for the coming into force of section 61(2)(b) of the Act for the purpose only of the exercise of the power to make regulations in so far as it is not already in force for that purpose(2).

(2) 1 April 2005 is the day appointed for the coming into force of section 61 of the Act for all purposes in so far as it is not already in force.

Signed by authority of the Secretary of State for Health

S. J. Ladyman

Parliamentary Under-Secretary of State

Department of Health

22 February 2005

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

22 February 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to England and Wales—

• on 1 March 2005, section 61(2)(b), in so far as it is not already in force, for the purpose of making regulations which will prescribe the registers of social workers maintained in Scotland and Northern Ireland which correspond to the registers maintained by the General Social Care Council and the Care Council for Wales.

• on 1 April 2005, in so far as it is not already in force, section 61 of the Care Standards Act 2000 which provides for the protection of the title “social worker” by the creation of an offence, punishable by a fine of up to level 5 on the standard scale, for a person who is not registered as a social worker to use that title or hold himself out as a registered social worker with an intention to deceive. An individual will not be guilty of an offence if they are registered with an equivalent regulatory body in another part of the UK.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Care Standards Act 2000 have been brought into force—

(a) in relation to England (as well as Wales) by—

• the Care Standards Act 2000 (Commencement No. 1) Order 2000 (S.I.2000/2544) (C.72); and

• the Care Standards Act 2000 (Commencement No. 11) Order 2002 (S.I.2002/629) (C.19);

• the Care Standards Act 2000 (Commencement No. 20) Order 2004 (S.I. 2004/1757) (C. 71);

(b) in relation to England by—

• the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000 (S.I.2000/2795) (C.79);

• the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001 (S.I.2001/290) (C.17);

• the Care Standards Act 2000 (Commencement No. 3) (England) Order 2001 (S.I.2001/731) (C.26);

• the Care Standards Act 2000 (Commencement No. 4) (England) Order 2001 (S.I.2001/1193) (C.39);

• the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001 (S.I.2001/1210) (C.41);

• the Care Standards Act 2000 (Commencement No. 6) (England) Order 2001 (S.I.2001/1536) (C.55);

• the Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001 (S.I.2001/2041) (C.68);

• the Care Standards Act 2000 (Commencement No. 8) (England) Order 2001 (S.I.2001/3331) (C.109);

• the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I.2001/3852) (C.125);

• the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 (S.I.2001/4150) (C.134);

• the Care Standards Act 2000 (Commencement No. 12) (England) Order 2002 (S.I.2002/1245) (C.33);

• the Care Standards Act 2000 (Commencement No. 13) (England) Order 2002 (S.I.2002/839) (C.22);

• the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002 (S.I.2002/1493) (C.43);

• the Care Standards Act 2000 (Commencement No. 15 (England) and Transitional Provisions) (Amendment) Order 2002 (S.I.2002/1790) (C.55);

• the Care Standards Act 2000 (Commencement No.16) (England) Order 2002 (S.I. 2002/2215) (C.70);

• the Care Standards Act 2000 (Commencement No.17 (England) and Transitional and Savings Provisions) Order 2003 (S.I. 2003/365) (C.23);

• the Care Standards Act 2000 (Commencement No. 18) (England) Order 2003 (S.I. 2003/933) (C.47); and

• the Care Standards Act 2000 (Commencement No. 19) (England) Order 2004 (S.I. 2004/484).

  Provision of the Act	Date of Commencement	S.I. No.
  Sections 1 to 3 (partially)	20 November 2001	2001/3852
  Sections 1 to 3 (partially)	1 January 2002	2001/3852
  Sections 1 to 3 (in so far as they are not already in force)	1 April 2002	2001/3852
  Section 4 (partially)	20 November 2001	2001/3852
  Section 4 (partially)	1 January 2002	2001/3852
  Section 4 (partially)	1 April 2002	2001/3852
  Section 4 (partially)	1 September 2002	2001/3852 (amended by 2002/1790)
  Section 4 (in so far as not already in force)	25 February and 30 April 2003	2003/365
  Section 5 (partially)	1 April 2002	2001/3852
  Section 6(3) and Schedule 1 (partially)	16 March 2001	2001/1193
  Section 6 and Schedule 1 (partially)	9 April 2001	2001/1193
  Section 7	1 April 2002	2001/3852
  Section 10 (partially)	1 April 2002	2001/3852
  Section 11 (partially)	20 November 2001	2001/3852
  Section 11 (in so far as not already in force)	1 April 2002	2001/3852
  Section 12 (partially)	20 November 2001	2001/3852
  Sections 12 and 13 (partially)	1 January 2002	2001/3852
  Sections 12 and 13 (in so far as they are not already in force)	1 April 2002	2001/3852
  Sections 14 to 16 (partially)	20 November 2001	2001/3852
  Sections 14 to 16 (partially)	1 January 2002	2001/3852
  Sections 14 to 16 (in so far as they are not already in force)	1 April 2002	2001/3852
  Sections 17 to 20	1 April 2002	2001/3852
  Section 21 (partially)	20 November 2001	2001/3852
  Section 21 (in so far as not already in force)	1 April 2002	2001/3852
  Section 22	20 November 2001	2001/3852
  Section 23(1) to (3)	2 March 2001	2001/731
  Section 23(4) (partially)	1 January 2002	2001/3852
  Section 23 (in so far as not already in force)	1 April 2002	2001/3852
  Section 24	1 April 2002	2001/3852
  Section 25 (partially)	20 November 2001	2001/3852
  Section 25 (in so far as not already in force)	1 April 2002	2001/3852
  Section 26	1 April 2002	2001/3852
  Section 27 (partially)	t January 2002	2001/3852
  Section 27 (in so far as not already in force)	1 April 2002	2001/3852
  Sections 28 to 30	1 April 2002	2001/3852
  Section 31 (partially)	20 November 2001	2001/3852
  Sections 31 and 32 (partially)	1 January 2002	2001/3852
  Sections 31 and 32 (in so far as they are not already in force)	1 April 2002	2001/3852
  Sections 33 to 36 (partially)	20 November 2001	2001/3852
  Sections 33 to 36 (in so far as they are not already in force)	1 April 2002	2001/3852
  Section 37	1 April 2002	2001/3852
  Section 38	20 November 2001	2001/3852
  Section 39 (partially)	19 February 2001	2001/290
  Section 39 (in so far as not already in force)	19 March 2001	2001/290
  Section 40 (partially)	15 October 2000	2000/2795
  Section 40 (in so far as not already in force)	1 January 2001	2000/2795
  Section 41	1 January 2001	2000/2795
  Section 42	1 September 2003	2003/933
  Sections 43, 45(4), 48, 49, 50, 51 and 52 (partially)	20 November 2001	2001/3852
  Sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53 (partially)	1 April 2002	2001/3852
  Sections 43(1) to (3)(a), 45(4), 49(1) and 51(1) (partially)	24 February 2003	2003/365
  Sections 43, 44, 45, 46(1) to (6), (7)(c) and (d) and (8), 47, 49, 51 and 53 (in so far as not already in force)	30 April 2003	2003/365
  Section 54 and Schedule 1 (partially)	10 April 2001	2001/1536
  Section 54 and Schedule 1 (partially)	7 May 2001	2001/1536
  Section 54 (partially)	25 March 2002	2002/1245
  Section 55 (partially)	7 May 2001	2001/1536
  Section 55 (partially)	25 March 2002	2002/1245
  Section 55 (partially)	7 March 2003	2003/933
  Section 55 (partially)	1 March 2004	2004/484
  Section 56 (partially)	1 April 2003	2003/933
  Section 56 (partially)	1 March 2004	2004/484
  Section 57 (partially)	7 March 2003	2003/933
  Section 58 (partially)	1 April 2003	2003/933
  Section 59 (partially)	7 May 2001	2001/1536
  Section 59 (partially)	1 April 2003	2003/933
  Section 60 (partially)	7 May 2001	2001/1536
  Section 60 (partially)	1 April 2003	2003/933
  Section 62 (partially)	7 May 2001	2001/1536
  Section 62 (partially)	25 March 2002	2002/1245
  Section 63 (partially)	7 May 2001	2001/1536
  Section 63 (partially)	25 March 2002	2002/1245
  Section 64 (partially)	1 April 2003	2003/933
  Section 65 (partially)	7 May 2001	2001/1536
  Section 65 (partially)	1 April 2003	2003/933
  Section 66 (partially)	7 May 2001	2001/1536
  Section 66 (partially)	25 March 2002	2002/1245
  Section 67 (partially)	25 March 2002	2002/1245
  Section 68 (partially)	1 April 2003	2003/933
  Section 69 (partially)	1 April 2003	2003/933
  Section 70(1) (partially)	25 March 2002	2002/1245
  Section 71 (partially)	7 May 2001	2001/1536
  Section 71 (partially)	25 March 2002	2002/1245
  Section 79 and Schedule 3 (partially)	16 March 2001	2001/1210
  Section 79 (partially) and Schedule 3 (in so far as not already in force)	2 July 2001	2001/2041
  Section 79 (1) (partially)	2 September 2002	2001/2041
  Section 79 (1) (partially)	1 April 2002	2002/839
  Section 79 (1) (partially)	2 September 2002	2002/2215
  Section 80(1), (2)(a) and (c),	26 July 2004	2004/1757
  Section 80(3) (partially)	26 July 2004	2004/1757
  Section 80 (4), (5), (6)(a) and (b) and (7)(a) and (b)	26 July 2004	2004/1757
  Section 80(8) ) (partially	2 October 2000	2000/2544
  Section 80(8) (in so far as not already in force)	26 July 2004	2004/1757
  Sections 81 to 90	26 July 2004	2004/1757
  Section 92	26 July 2004	2004/1757
  Section 93	26 July 2004	2004/1757
  Section 94	2 October 2000	2000/2544
  Section 95	1 April 2002	2002/1493
  Section 96 (partially)	15 September 2000	2000/2544
  Section 96 (in so far as not already in force)	2 October 2000	2000/2544
  Section 97	26 July 2004	2004/1757
  Section 98	1 April 2001	2001/1193
  Section 99	15 September 2000	2000/2544
  Section 100	2 October 2000	2000/2544
  Section 101	2 October 2000	2000/2544
  Section 102	18 March 2002	2002/629
  Section 103	2 October 2000	2000/2544
  Section 104 (partially)	18 March 2002 and 1 April 2002	2002/629
  Section 104 (partially)	1 April 2003	2003/933
  Sections 105(1) to (4), 107 and 108 (partially)	20 November 2001	2001/3852
  Sections 105 to 110 (in so far as they are not already in force)	1 April 2002	2001/3852
  Section 111 (partially)	1 September 2002	2001/3852 (amended by 2002/1790)
  Section 112	4 October 2001	2001/3331
  Section 113(1), (3) and (4) (partially)	25 March 2002	2002/1245
  Sections 114 and 115	16 March 2001	2001/1210
  Section 116 and Schedule 4 (partially)	2 October 2000	2000/2544
  Section 116 and Schedule 4 (partially)	1 January 2001	2000/2795
  Section 116 and Schedule 4 (partially)	2 July 2001	2001/2041
  Section 116 and Schedule 4 (partially)	1 April 2002	2001/3852
  Section 116 and Schedule 4 (partially)	1 April 2002	2001/4150
  Section 116 and Schedule 4 (partially)	1 April 2002	2002/1493
  Section 116 and Schedule 4 (partially)	24 February, 30 April and 1 June 2003	2003/365
  Section 116 and Schedule 4 (partially)	7 March 2003	2003/933
  Section 116 and Schedule 4 (partially)	26 July 2004	2004/1757
  Section 117(2) and Schedule 6 (partially)	2 October 2000	2000/2544
  Section 117(2) and Schedule 6 (partially)	4 October 2001	2001/3331
  Section 117(2) and Schedule 6 (partially)	1 April 2002	2001/3852
  Section 117(2) and Schedule 6 (partially) (amended by 2002/1790)	1 September 2002	2001/3852
  Section 117(2) and Schedule 6 (partially)	1 April 2002	2001/4150
  Section 117(2) and Schedule 6 (partially) (amended by 2002/1790)	1 September 2002	2001/4150
  Section 117(2) and Schedule 6 (partially)	30 April and 1 June 2003	2003/365

Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments—

• S.I.2000/2992 (W. 192) (C. 93)

• S.I.2001/139 (W. 5) (C. 7)

• S.I.2001/2190 (W. 152) (C. 70)

• S.I.2001/2354 (W. 192) (C. 80)

• S.I.2001/2504 (W. 205) (C. 82)

• S.I.2001/2538 (W. 213) (C. 83)

• S.I.2001/2782 (W. 235) (C. 92)

• S.I.2002/920 (W. 108) (C. 24)

• S.I. 2002/1175 (W. 123) (C.31)

• S.I. 2003/152 (W.22) (C.8)

• S.I. 2003/501 (W.70) (C.27)

• S.I. 2003/2528 (W.243) (C.95).

(1)

2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England and Wales, as the Secretary of State and the National Assembly for Wales acting jointly.

(2)

The regulation making power in section 61(2)(b) has already been commenced in relation to Wales, see: S.I. 2002/1175 (W.123) (C. 31).

(3)

1998 c. 38.