The Care Standards Act 2000 (Commencement No.2 and Transitional Provisions) (Wales) Order 2001

Explanatory Note

(This note does not form part of the Order)

This Order brings into force certain provisions of the Care Standards Act 2000 (“the Act”) in Wales.

It brings into force section 40 of the Act, which amends the Children Act 1989 so as to require privately operated children’s homes accommodating and caring for less than four children (small children’s homes) to be registered with the local authority in whose area they are located. Section 40 will come into force on 1st February 2001 for the purpose of enabling applications for registration to be made, and on 28th February 2001 for all other purposes. The Order makes transitional provision so that a small children’s home in respect of which an application for registration has been duly made by 28th February 2001 is not to be treated as an unregistered children’s home until the registration process for it has been completed. These are interim measures to be repealed, in due course, when Part II of the Act, which will establish a new scheme for the registration of all children’s homes, including small homes, is fully implemented. Consequentially the Order also brings into force a minor amendment to section 66 of the Children Act 1989 relating to the definition of private fostering.

The Order also brings into force, as of 28th February 2001, section 41 of the Act. This amends the Children Act 1989 to provide that the registration of a children’s home of any description may be cancelled even if the home has ceased to exist, such as where the proprietor closes it before the conclusion of any enforcement action. The consequences of cancellation will therefore apply whether or not the home has ceased to exist at the date of cancellation. This is also an interim measure pending implementation of Part II of the Act.