The Care Standards Act 2000 (Commencement No. 8 (Wales) and Transitional, Savings and Consequential Provisions) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order commences certain provisions of the Care Standards Act 2000 (“the Act”) and makes transitional, consequential and savings provisions in connection with the commencement of those provisions.

The Order commences, in article 3, those provisions of Part II of the Act that provide for a new regime for the registration and inspection of children’s homes, care homes, independent hospitals and clinics in Wales by the National Assembly for Wales (“the Assembly”) in place of the old registration regimes provided for under the Registered Homes Act 1984 and the Children Act 1989. It also commences the provisions in Part VI of the Act that insert a new Part XA into the Children Act 1989 which introduces a new regime for the registration and inspection by the Assembly of child minders and day care providers.

The Order also commences those provisions of the Act that amend or repeal other primary legislation as a consequence of the provisions contained in Part II of the Act commenced by this Order. The commencement of these amending and repealing provisions is subject to savings provisions made in article 3 of the Order. The effect of these savings provisions is to maintain the legislation that is to be repealed or amended in respect of certain homes whilst those homes continue to be subject to their old registration and inspection regime for transitional purposes under Schedule 1 to the Order. The Order also commences provisions of the Act that amend or repeal other primary legislation as a consequence of the provisions in Part VI of the Act commenced by this Order.

Schedule 1 makes transitional provision in respect of the commencement of provisions of Part II of the Act by the Order. Paragraphs 2 and 4 of the Schedule provide for the Assembly to exercise functions under the old registration regimes in relation to persons and homes that were registered under those regimes, until the Assembly has made determinations under paragraph 6 as to the application to those homes and persons of Part II of the Act. Paragraph 5 provides for the making of applications by persons who were not eligible for registration before the Order commenced provisions of Part II of the Act. Paragraphs 7 to 9 provide for outstanding applications for registration in respect of homes under the old registration regimes to be treated as if they were applications for registration under the Act. Paragraph 10 requires the registration authorities under the old registration regimes to pass to the Assembly their information and documentation about those registrations that were current at the coming into force of the Order.

Schedule 2 makes transitional provision in respect of the commencement of provisions of Part VI of the Order. Paragraph 2 contains general savings so that in the absence of specific provision to the contrary, action taken under the Children Act 1989 prior to 1st April 2002 by or in relation to child minders or day care providers is unaffected by the insertion of a new Part XA into that Act. It also provides, subject to exceptions, for matters to be treated after 1st April 2002 as if done under the new Part XA regime. Paragraph 3 deems registrations under Part X of the Children Act 1989 which exist at 1st April 2002 to be registrations under the new Part XA regime from that date and makes appropriate provision about conditions attaching to the deemed registration. Paragraph 4 makes provision about certificates of registration where there is a deemed registration under the new Part XA regime. Paragraph 5 requires the registration authorities under the old registration regime to pass to the Assembly documents and records about registration which are deemed to be made under the new Part XA regime. Paragraph 6 provides for outstanding applications for registration for child minding or as a day care provider to be treated as if they were applications under the new Part XA regime and for documents and records relating to the application to be passed to the Assembly.

Schedule 3 makes transitional provision in relation to the commencement of provisions of the Act that amend section 65 of the Children Act 1989. Paragraph 2 of the Schedule provides that consents given under the Children Act 1989 allowing persons to care for children, who would otherwise have been disqualified from caring for children, shall continue to have effect notwithstanding the amendments made by the Act to section 65. Paragraphs 3 and 4 provide transitional arrangements in relation to appeals against refusals to give consent under section 65 that were underway at the coming into force of the Order.

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