Part IX General and supplemental

Chapter II Supplemental

118 Orders and regulations.

1

Any power conferred on the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act except an order under section 38 or 79(3) shall be exercised by statutory instrument.

2

An order making any provision by virtue of section 119(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

3

Subject to subsection (2), an instrument containing regulations or an order made by the Secretary of State, except an instrument containing an order under section 122, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In subsection (2) and this subsection, references to the Secretary of State include the Secretary of State and the Assembly acting jointly.

4

Subsections (5) to (7) apply to any power of the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this ActF15...

5

The power may be exercised either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case.

6

The power may be exercised so as to make, as respects the cases in relation to which it is exercised—

a

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;

b

any such provision either unconditionally or subject to any specified condition.

7

The power may be exercised so as to make—

a

any supplementary, incidental or consequential provision,

b

any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

8

The provision which, by virtue of subsection (7), may be made by regulations F1or an orderunder the Part of this Act which relates to the Children’s Commissioner for Wales includes provision amending or repealing any enactment or instrument.

118AF14Regulations: Wales

1

This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

2

Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

3

A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

119 Supplementary and consequential provision etc.

1

The appropriate Minister may by order make—

a

any supplementary, incidental or consequential provision,

b

any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

2

The provision which may be made under subsection (1) includes provision amending or repealing any enactment or instrument.

120 Wales.

1

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The reference to the 1989 Act in Schedule 1 to the M1National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by or under this Act.

3

Subsection (2) does not affect the power to make further Orders varying or omitting that reference.

121 General interpretation etc.

1

In this Act—

  • “adult” means a person who is not a child;

  • “appropriate Minister” means—

    1. a

      in relation to England, Scotland or Northern Ireland, the Secretary of State;

    2. b

      in relation to Wales, the Assembly;

    and in relation to England and Wales means the Secretary of State and the Assembly acting jointly;

  • “child” means a person under the age of 18;

  • “community home” has the same meaning as in the 1989 Act;

  • “employment agency” and “employment business” have the same meanings as in the M2Employment Agencies Act 1973; but no business which is an employment business shall be taken to be an employment agency;

  • “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978);

  • “to foster a child privately” has the same meaning as in the 1989 Act;

  • “harm”—

    1. a

      in relation to an adult who is not mentally impaired, means ill-treatment or the impairment of health;

    2. b

      in relation to an adult who is mentally impaired, or a child, means ill-treatment or the impairment of health or development;

  • “health service hospital” F3means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

  • “illness” includes any injury;

  • “independent school” has the same meaning as in the M4Education Act 1996;

  • “local authority” has the same meaning as in the 1989 Act;

  • “local authority foster parent” has the same meaning as in F24section 105(1) of the 1989 Act;

  • “medical” includes surgical;

  • F4“mental disorder” has the same meaning as in the Mental Health Act 1983;

  • “National Health Service body” means a National Health Service trust, F5an NHS foundation trust,F21... a Health Authority, a Special Health Authority F22F6... or a Local Health Board;

  • “parent”, in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;

  • “parental responsibility” has the same meaning as in the 1989 Act;

  • “prescribed” means prescribed by regulations;

  • “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996;

  • “regulations” (except where provision is made for them to be made by the Secretary of State or the Assembly) means regulations made by the appropriate Minister;

  • “relative” has the same meaning as in the 1989 Act;

  • “school” has the same meaning as in the M5Education Act 1996;

  • “social services functions” means functions which are social services functions for the purposes of the M6Local Authority Social Services Act 1970 F25or the Social Services and Well-being (Wales) Act 2014 ;

  • “treatment” includes diagnosis;

  • “the Tribunal” means the F7First-tier Tribunal;

  • “undertaking” includes any business or profession and—

    1. a

      in relation to a public or local authority, includes the exercise of any functions of that authority; and

    2. b

      in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body;

  • “voluntary organisation” has the same meaning as in F8the Adoption and Children Act 2002.

2

For the purposes of this Act—

a

a person is disabled if—

i

his sight, hearing or speech is substantially impaired;

ii

he has a mental disorder; or

iii

he is physically substantially disabled by any illness, any impairment present since birth, or otherwise;

b

an adult is mentally impaired if he is in a state of arrested or incomplete development of mind (including a significant impairment of intelligence and social functioning).

3

In this Act, the expression “personal care” does not include any prescribed activity.

4

For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.

F23 4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.

6

For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by—

a

the person who equips and maintains it; and

b

if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.

7

Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by—

a

any specified member of the body of managers for the home; or

b

any other specified person on whom functions are conferred under the home’s instrument of management.

8

A determination under subsection (6) or (7) may be made either generally or in relation to a particular home or class of homes.

9

An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.

F2610

References in this Act to a child being looked after by a local authority shall be construed—

a

in relation to a local authority in England, in accordance with section 22 of the 1989 Act,

b

in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.

11

For the purposes of this Act an individual is made redundant if—

a

he is dismissed; and

b

for the purposes of the M7Employment Rights Act 1996 the dismissal is by reason of redundancy.

12

Any register kept for the purposes of this Act may be kept by means of a computer.

13

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression

Provision of this Act

1989 Act

M8Children Act 1989

1999 Act

M9Protection of Children Act 1999

F9Adoption support agency

Section 4

Assembly

Section 5

Care home

Section 3

F16. . .

F16. . .

F10the CIECSS

Section 5.

F11. . .

F11. . .

Children’s home

Section 1

F12. . .

F12. . .

Commissioner

Section 72

F17. . .

F17. . .

F13. . .

F13. . .

Domiciliary care agency

Section 4

Fostering agency

Section 4

Hospital and independent hospital

Section 2

Independent clinic and independent medical agency

Section 2

Registration authority

Section 5

Residential family centre

Section 4

VoluntarF18y adoption agency

Section 4

F27. . .

F27. . .

P1122 Commencement.

This Act, except F19... this Chapter, shall come into force on such day as the appropriate Minister may by order appoint, and different days may be appointed for different purposes.

Annotations:
Amendments (Textual)
Subordinate Legislation Made
P1

S. 122 power partly exercised (14.9.2000): different dates appointed for specified provisions and purposes by S.I. 2000/2544, art. 2

S. 122 power partly exercised (9.10.2000): different dates appointed (E.) for specified provisions and purposes by S.I. 2000/2795, art. 2 (with art. 3)

S. 122 power partly exercised (7.11.2000): different dates appointed (W.) for specified provisions and purposes by S.I. 2000/2992, art. 2(2), Sch. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provisions by S.I. 2001/139, arts. 1(3), 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/290, arts. 1(3), 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: 2.3.2001 appointed (E.) for specified provision by S.I. 2001/731, art. 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/1193, arts. 1(3), 2

S. 122 power partly exercised: 16.3.2001 appointed (E.) for specified provision by S.I. 2001/1210, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/1536, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/2041, arts. 1(4), 2 (with transitional, transitory and savings provisions in art. 3, Sch.)

S. 122 power partly exercised: 1.7.2001 appointed (W.) for specified provisions by S.I. 2001/2190, art. 2, Sch. Table

S. 122 power partly exercised: 1.7.2001 appointed (W.) for specified provision by S.I. 2001/2354, art. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provision by S.I. 2001/2504, art. 2 (with transitional provisions in art. 3)

S. 122 power partly exercised: different dates appointed (W) for specified provisions by S.I. 2001/2538, art. 2

S. 122 power partly exercised: 26.8.2001 appointed (W.) for specified provisions by S.I. 2001/2782, art. 2

S. 122 power partly exercised: 4.10.2001 appointed (E.) for specified provisions by S.I. 2001/3331, arts. 1(3), 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2001/3852, arts. 1(4), 3 (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210, 2005/3397)

S. 122 power partly exercised: different dates appointed (E.) for specified purposes by S.I. 2001/4150, arts. 1(2), 3 (subject to transitional provisions in art. 4 and in S.I. 2002/1493, art. 4) (as amended by S.I. 2002/1493, 2002/1790, 2002/2001, 2002/3210)

S. 122 power partly exercised: different dates appointed (E.W.) for specified provisions by S.I. 2002/629

S. 122 power partly exercised: 1.4.2002 appointed (E.) for specified provision by S.I. 2002/839

S. 122 power partly exercised: 1.4.2002 appointed (W.) for specified provisions by S.I. 2002/920

S. 122 power partly exercised: 30.4.2002 appointed (W.) for specified provisions by S.I. 2002/1175

S. 122 power partly exercised: different dates appointed (E.) for specified provisions by S.I. 2002/1245

S. 122 power partly exercised: 1.4.2002 appointed (E.) for specified provisions by S.I. 2002/1493

S. 122 power partly exercised: 31.5.2002 appointed (E.) for specified provisions by S.I. 2002/1790

S. 122 power partly exercised: 29.7.2002 appointed (E.) for specified provisions by S.I. 2002/2001

S. 122 power partly exercised: 2.9.2002 appointed (E.) for specified provision by S.I. 2002/2215

S. 122 power partly exercised: 19.12.2002 appointed (E.) for specified provisions by S.I. {2002/3210}

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/152, art. 2

S. 122 power partly exercised: different dates appointed (E.) for specified provisions and purposes by S.I. 2003/365, art. 3

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/501, art. 2

S. 122 power partly exercised: different dates appointed (W.) for specified provisions and purposes by S.I. 2003/933, art. 2

S. 122 power partly exercised: 2.10.2003 appointed (W.) for specified provisions and purposes by S.I. 2003/2528, art. 2

S. 122 power partly exercised: 1.3.2004 appointed (E.) for specified provisions and purposes by S.I. 2004/484, art. 2

S. 122 power partly exercised: 1.4.2004 appointed (W.) for specified provisions and purposes by S.I. 2004/1015, art. 2

S. 122 power partly exercised: 7.7.2004 appointed (W.) for specified provisions and purposes by S.I. 2004/1730, art. 2

S. 122 power partly exercised: 26.7.2004 appointed for specified provisions and purposes by S.I. 2004/1757, art. 2

S. 122 power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2005/375, art. 2

123 Short title and extent.

1

This Act may be cited as the Care Standards Act 2000.

2

Subject to subsections (3) and (4), this Act extends to England and Wales only.

F203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.