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Statutory Instruments

2000 No. 2544 (C. 72)

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Care Standards Act 2000 (Commencement No. 1) Order 2000

Made

14th September 2000

The Secretary of State and the National Assembly for Wales, acting jointly in exercise of the powers conferred upon them by sections 118(7) and 122 of the Care Standards Act 2000(1), and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and interpretation

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

(2) In this Order—

(a)“the Act” means the Care Standards Act 2000, and

(b)“the 1999 Act” means the Protection of Children Act 1999(2).

Appointed days

2.—(1) 15th September 2000 is the day appointed for the coming into force of:—

(a)section 96 of the Act (inclusion in 1999 Act list of individuals named in findings of certain inquiries) in so far as it inserts a new section 2B of the 1999 Act but for the purposes only of the definition of “relevant inquiry” in section 3(7) of the 1999 Act, and

(b)section 99 of the Act (transfer from Consultancy Service Index of individuals named in past inquiries).

(2) 2nd October 2000 is the day appointed for the coming into force of the following provisions of the Act:—

(a)section 80(8), for the purposes only of Regulations under section 103;

(b)section 94 (employment agencies and businesses);

(c)section 96 (inclusion in 1999 Act list of individuals named in findings of certain inquiries), in so far as it is not already in force;

(d)section 100 (additional ground of complaint);

(e)section 101 (effect of inclusion in 1996 Act list);

(f)section 103 (temporary provision for access to lists);

(g)section 116, (minor and consequential amendments), in so far as it relates to paragraph 26 of Schedule 4, except sub-paragraph (3); and

(h)section 117(2) and Schedule 6, in so far as they relate to sections 10 and 13(3) and (4) of the 1999 Act.

Transitional provision

3.  At any time before 2nd October 2000, the Secretary of State may invite observations under section 3(2) and (5) of the 1999 Act from, or in relation to, any individual who is at that time included (otherwise than provisionally) in the Consultancy Service Index.

Signed by authority of the Secretary of State for Health

Yvette Cooper

Parliamentary Under-Secretary of State for Public Health,

Department of Health

12th September 2000

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

Dafydd Elis-Thomas

Presiding Officer, National Assembly for Wales

14th September 2000

Explanatory Note

(This note is not part of the Order)

This Order is the first commencement Order made under the Care Standards Act 2000 (“the Act”). Article 2(1) brings into force on 15th September 2000 section 99 of the Act, which makes provision relating to the inclusion of individuals named in past inquiries in the list kept by the Secretary of State for the purposes of section 1 of the Protection of Children Act 1999 (“the 1999 Act”) on transfer from the Consultancy Service Index; and section 96 in so far as it inserts a definition of “relevant inquiry” for those purposes. Article 2(2) brings into force on 2nd October 2000 sections 80(8) (for the purpose only of Regulations under section 103), 94, 96 (in so far as it is not already in force), 100, 101, 103, and 116 (in so far as it relates to paragraph 26 of Schedule 4, except paragraph (3)), and section 117(2) and Schedule 6 (repeals), in so far as they relate to sections 10 and 13(3) and (4) of the 1999 Act. Those provisions amend or replace provisions in the Protection of Children Act 1999, and make related provision. Article 3 makes transitional provision which is necessary in connection with the bringing into force of section 99 of the Act.