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Part IIE+W Establishments and agencies

Modifications etc. (not altering text)

C2Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C4Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

Miscellaneous and supplementalE+W

42 Power to extend the application of Part II.E+W

(1)Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) or (3) applies.

(2)This subsection applies to—

(a)local authorities providing services in the exercise of their social services functions; and

(b)persons who provide services which are similar to services which—

(i)may or must be so provided by local authorities; or

(ii)may or must be provided by [F1Local Health Boards], Special Health Authorities, NHS trusts [F2, NHS foundation trusts] or Primary Care Trusts.

(3)This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).

(4)The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2).

[F3(5)Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI [F4, the CSCI or the CIECSS].]

Textual Amendments

F1Words in s. 42(2)(b)(ii) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 30(3)

F2Words in s. 42(2)(b)(ii) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 111; S.I. 2004/759, art. 2

F3S. 42(5) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 25; S.I. 2004/759, art. 5(2)

Commencement Information

I1S. 42 wholly in force at 1.9.2003; s. 42 not in force at Royal Assent see s. 122; s. 42 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 42 in force for E. at 1.9.2003 by S.I. 2003/933, art. 2(3)