The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002

Statutory Instrument 2002 No. 3210 (C.109)

The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002

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STATUTORY INSTRUMENTS

2002 No. 3210 (C.109)
SOCIAL CARE, ENGLAND
The Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002

Made

19th December 2002

The Secretary of State, in exercise of the powers conferred upon him by sections 118(5) to (7) and 122 of the Care Standards Act 2000[1], and of all other powers enabling him in that behalf, hereby makes the following Order: -

Citation, interpretation and application
1. - (1) This Order may be cited as the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002.

(2) In this Order -

"the No. 9 Order" means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001[

    (3) This Order applies to England only.

Amendment of the No. 9 Order
     2. - (1) The No. 9 Order shall be amended in accordance with the following paragraphs of this article.

    (2) In article 3(5)(b)(i) and (ii) and (8), for "1st January 2003" substitute "1st April 2003".

    (3) In Schedule 1 -

(a) in paragraph 1 in the definition of nurses agency provider, insert after paragraph (b) of the definition -

(b) after paragraph 2(3)(b), insert -

21st January 2003;";

(c) in paragraph 2(5), for "on or after 17th December 2001" substitute "on or after 1st January 2003";

(d) in paragraph 2(6)(b), for "1st January 2003" substitute "1st April 2003";

(e) in paragraph 10(7) and (8), for "1st January 2003" on each occasion where it occurs substitute "1st April 2003";

(f) in paragraph 13 -

(g) in paragraph 14(8) and (9)(b), for "1st January 2003" substitute "1st April 2003";

(h) in paragraph 15(1)(b)(i) and (2)(b)(i), for "31st December 2002" substitute "31st March 2003".

Amendment of the No. 10 Order
3. In article 3(4) of the No. 10 Order, for "1st January 2003" substitute "1st April 2003".

Transitional provisions
4. - (1) Where a person ("the authorised person") is authorised to carry on a nurses agency ("the agency") by a licence which has been granted to him by a local authority under section 2 of the 1957 Act and that licence ceases to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, paragraph (2) shall apply for the period from the expiry of the licence until -

(a) in a case where an application for renewal of a licence is made by the authorised person before 1st January 2003 but is not determined before that date and is not withdrawn or abandoned, the date on which that application is finally disposed of; or

(b) in a case where no application for renewal of the licence is made by the authorised person before 1st January 2003, 1st April 2003 or, if later, the date which is the effective date in respect of the authorised person for the purpose of the No. 9 Order[

    (2) Where this paragraph applies, the licence referred to in paragraph (1) shall, notwithstanding section 2(6) of the 1957 Act, continue to be treated as valid subject to any conditions imposed by the local authority to which immediately prior to its expiry the licence was subject.

    (3) Where the application for renewal of the licence referred to in paragraph (1)(a) is not finally disposed of before 1st April 2003, paragraph (4) applies for the period on or after 1st April 2003.

    (4) Where this paragraph applies -

(5) Paragraph 3 of the Schedule to the No. 9 Order must be complied with in any case where the regulator grants a licence to a nurses agency provider on or after 17th December 2001 but before 1st January 2003, notwithstanding that that paragraph has been complied with in that case before the coming into force of this Order.

(6) In this article, "the 1957 Act" and "the regulator" have the same meaning as in the No. 9 Order and "nurses agency" means an agency for the supply of nurses within the meaning of the 1957 Act.

Signed by authority of the Secretary of State for Health

Jacqui Smith
Minister of State, Department of Health

19th December 2002

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes further amendments to the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 ("the No. 9 Order"), and the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 ("the No. 10 Order"), and also makes transitional provision.

The day appointed for the coming into force of certain provisions of the Care Standards Act 2000, in respect of the registration under that Act of residential family centres, domiciliary care agencies and nurses agencies, is altered from 1st January 2003 to 1st April 2003 (article 2(2)). Consequential amendments are made to transitional provisions in the No. 9 Order in relation to such registration (article 2(3)), and a further consequential amendment is made to the No. 10 Order (article 3).

Article 4 makes transitional provision which is necessary as a result of section 2(6) of the Nurses Agencies Act 1957 ("the 1957 Act") which provides that licences granted under section 2 of that Act are to be valid until the 31st December in the year next following the year in which a licence is granted. Under article 4(1)(a), where a provider has made an application for renewal of the licence which has not been determined before 31st December 2002, the licence continues to be treated as valid until the application is finally disposed of or withdrawn or abandoned. In a case where an application is not finally disposed of before 1st April 2003, article 4(4) has the effect that the 1957 Act is treated as continuing in force in relation to the agency. Under article 4(1)(b), where no application for renewal of the licence has been made, the licence will continue to be treated as valid until the date on which the provider is treated as registered under Part II of the Care Standards Act 2000.

Article 4(5) provides that where a nurses agency provider, to whom a regulator has granted a licence pursuant to section 2 of the 1957 Act on or after 17th December 2001 but before 1st January 2003, complied with paragraph 3 of the Schedule to the No. 9 Order before the coming into force of this Order, that provider must nevertheless take steps to comply with paragraph 3.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Care Standards Act 2000 have been brought into force -

Provision of the Act Date of Commencement S.I. No.

Sections 1 to 3 (partially) 20th November 2001 2001/3852

Sections 1 to 3 (partially) 1st January 2002 2001/3852

Sections 1 to 3 (in so far as they are not already in force) 1st April 2002 2001/3852

Section 4 (partially) 20th November 2001 2001/3852

Section 4 (partially) 1st January 2002 2001/3852

Section 4 (partially) 1st April 2002 2001/3852

Section 4 (partially) 1st September 2002 2001/3852 (amended by 2002/1790)

Section 5 (partially) 1st April 2002 2001/3852

Section 6(3) and Schedule 1 (partially) 16th March 2001 2001/1193

Section 6 and Schedule 1 (partially) 9th April 2001 2001/1193

Section 7 1st April 2002 2001/3852

Section 10 (partially) 1st April 2002 2001/3852

Section 11 (partially) 20th November 2001 2001/3852

Section 11 (in so far as not already in force) 1st April 2002 2001/3852

Section 12 (partially) 20th November 2001 2001/3852

Sections 12 and 13 (partially) 1st January 2002 2001/3852

Sections 12 and 13 (in so far as they are not already in force) 1st April 2002 2001/3852

Sections 14 to 16 (partially) 20th November 2001 2001/3852

Sections 14 to 16 (partially) 1st January 2002 2001/3852

Sections 14 to 16 (in so far as they are not already in force) 1st April 2002 2001/3852

Sections 17 to 20 1st April 2002 2001/3852

Section 21 (partially) 20th November 2001 2001/3852

Section 21 (in so far as not already in force) 1st April 2002 2001/3852

Section 22 20th November 2001 2001/3852

Section 23(1) to (3) 2nd March 2001 2001/731

Section 23(4) (partially) 1st January 2002 2001/3852

Section 23 (in so far as not already in force) 1st April 2002 2001/3852

Section 24 1st April 2002 2001/3852

Section 25 (partially) 20th November 2001 2001/3852

Section 25 (in so far as not already in force) 1st April 2002 2001/3852

Section 26 1st April 2002 2001/3852

Section 27 (partially) 1st January 2002 2001/3852

Section 27 (in so far as not already in force) 1st April 2002 2001/3852

Sections 28 to 30 1st April 2002 2001/3852

Section 31 (partially) 20th November 2001 2001/3852

Sections 31 and 32 (partially) 1st January 2002 2001/3852

Sections 31 and 32 (in so far as they are not already in force) 1st April 2002 2001/3852

Sections 33 to 36 (partially) 20th November 2001 2001/3852

Sections 33 to 36 (in so far as they are not already in force) 1st April 2002 2001/3852

Section 37 1st April 2002 2001/3852

Section 38 20th November 2001 2001/3852

Section 39 (partially) 19th February 2001 2001/290

Section 39 (in so far as not already in force) 19th March 2001 2001/290

Section 40 (partially) 15th October 2000 2000/2795

Section 40 (in so far as not already in force) 1st January 2001 2000/2795

Section 41 1st January 2001 2000/2795

Sections 43, 45(4), 48, 49, 50, 51 and 52 (partially) 20th November 2001 2001/3852

Sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53 (partially) 1st April 2002 2001/3852

Section 54 and Schedule 1 (partially) 10th April 2001 2001/1536

Section 54 and Schedule 1 (partially) 7th May 2001 2001/1536

Section 54 (partially) 25th March 2002 2002/1245

Section 55 (partially) 7th May 2001 2001/1536

Section 55 (partially) 25th March 2002 2002/1245

Section 59 (partially) 7th May 2001 2001/1536

Section 60 (partially) 7th May 2001 2001/1536

Section 62 (partially) 7th May 2001 2001/1536

Section 62 (partially) 25th March 2002 2002/1245

Section 63 (partially) 7th May 2001 2001/1536

Section 63 (partially) 25th March 2002 2002/1245

Section 65 (partially) 7th May 2001 2001/1536

Section 66 (partially) 7th May 2001 2001/1536

Section 66 (partially) 25th March 2002 2002/1245

Section 67 (partially) 25th March 2002 2002/1245

Section 70(1) (partially) 25th March 2002 2002/1245

Section 71 (partially) 7th May 2001 2001/1536

Section 71 (partially) 25th March 2002 2002/1245

Section 79 and Schedule 3 (partially) 16th March 2001 2001/1210

Section 79 (partially) and Schedule 3 (in so far as not already in force) 2nd July 2001 2001/2041

Section 79(1) (partially) 2nd September 2002 2001/2041

Section 79(1) (partially) 1st April 2002 2002/839

Section 79(1) (partially) 2nd September 2002 2002/2215

Section 80(8) (partially) 2nd October 2000 2000/2544

Section 94 2nd October 2000 2000/2544

Section 95 1st April 2002 2002/1493

Section 96 (partially) 15th September 2000 2000/2544

Section 96 (in so far as not already in force) 2nd October 2000 2000/2544

Section 98 1st April 2001 2001/1193

Section 99 15th September 2000 2000/2544

Section 100 2nd October 2000 2000/2544

Section 101 2nd October 2000 2000/2544

Section 102 18th March 2002 2002/629

Section 103 2nd October 2000 2000/2544

Section 104 (partially) 18th March 2002 and 1st April 2002 2002/629

Sections 105(1) to (4), 107 and 108 (partially) 20th November 2001 2001/3852

Sections 105 to 110 (in so far as they are not already in force) 1st April 2002 2001/3852

Section 111 (partially) 1st September 2002 2001/3852 (amended by 2002/1790)

Section 112 4th October 2001 2001/3331

Section 113(1), (3) and (4) (partially) 25th March 2002 2002/1245

Sections 114 and 115 16th March 2001 2001/1210

Section 116 and Schedule 4 (partially) 2nd October 2000 2000/2544

Section 116 and Schedule 4 (partially) 1st January 2001 2000/2795

Section 116 and Schedule 4 (partially) 2nd July 2001 2001/2041

Section 116 and Schedule 4 (partially) 1st April 2002 2001/3852

Section 116 and Schedule 4 (partially) 1st April 2002 2001/4150

Section 116 and Schedule 4 (partially) 1st April 2002 2002/1493

Section 117(2) and Schedule 6 (partially) 2nd October 2000 2000/2544

Section 117(2) and Schedule 6 (partially) 4th October 2001 2001/3331

Section 117(2) and Schedule 6 (partially) 1st April 2002 2001/3852

Section 117(2) and Schedule 6 (partially) 1st September 2002 2001/3852 (amended by 2002/1790)

Section 117(2) and Schedule 6 (partially) 1st April 2002 2001/4150

Section 117(2) and Schedule 6 (partially) 1st September 2002 2001/4150 (amended by 2002/1790)

Certain provisions of the Act have been brought into force in relation to Wales only, by the following statutory instruments -

S.I. 2000/2992 (W. 192) (C.93)

S.I. 2001/139 (W. 5) (C.7)

S.I. 2001/2190 (W. 152) (C.70)

S.I. 2001/2354 (W. 192) (C.80)

S.I. 2001/2504 (W. 205) (C.82)

S.I. 2001/2538 (W. 213) (C.83)

S.I. 2001/2782 (W. 235) (C.92)

S.I. 2002/920 (W. 108) (C.24)

S.I. 2002/1175 (W. 123) (C.31).

Notes:

[1] 2000 c.14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State.back

[2] S.I. 2001/3852. Relevant amending instruments are S.I. 2001/4150, S.I. 2002/1493, S.I. 2002/1790 and S.I. 2002/2001.back

[3] S.I. 2001/4150.back

[4] The term "effective date" is defined in paragraph 2(1) of the Schedule to the No. 9 Order.back

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Prepared 17 January 2003