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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2001 No. 1210 (C. 41)

CHILDREN AND YOUNG PERSONS, ENGLAND

The Care Standards Act 2000 (Commencement No. 5) (England) Order 2001

  Made 15th March 2001 

In exercise of the powers conferred on the Secretary of State by section 122 of the Care Standards Act 2000[1], the Secretary of State for Education and Employment hereby makes the following Order:

Citation, interpretation and extent
     1.  - (1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001.

    (2) In this Order, unless the context otherwise requires - 

    (3) This Order extends to England only.

Appointed day
     2. 16th March 2001 is the day appointed for the coming into force of - 


Margaret Hodge
Parliamentary Under Secretary of State, Department for Education and Employment

15th March 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


This Order brings into force certain provisions of the Care Standards Act 2000 ("the Act") in relation to England only.

The Order brings into force, on 16th March 2001, subsections (1) and (2) of section 79 of the Act (and with subsection (2), Schedule 3 to the Act) for the limited purpose of empowering the Secretary of State to make the regulations provided for under Part XA of, and Schedule 9A to, the Children Act 1989 ("the 1989 Act") in preparation for the full implementation of those provisions later. The purposes of the regulation-making powers are described in Article 2 of the Order.

The Order also brings into force subsections (3) and (4) of section 79 and sections 114 and 115 of the Act, enabling the Secretary of State, as the appropriate Minister, to make a scheme for the transfer of certain local authority staff to the new registration authority, who, in relation to child minding and day care in England, will be the Chief Inspector of Schools.

Part XA of, and Schedule 9A to, the 1989 Act will, when fully implemented, make new provision for the regulation of child minding and the provision of day care in England under the new registration authority, Her Majesty's Chief Inspector of Schools in England. At that stage, Part X of, and Schedule 9 to, the 1989 Act, under which child minding and the provision of day care are regulated now, will, by section 79(5) of the Act, cease to have effect in relation to England.

Subsequent Orders will bring subsections (1) and (2) of section 79 of the Act fully into force in relation to England and bring into force in England subsection (5) of section 79.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Act have been brought into force in relation to England (as well as Wales) by the Care Standards Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2544 (C. 72)).

Provision of the Act Date of Commencement
Section 96 (partially) 15th September 2000
Section 99 15th September 2000
Section 80(8) (partially) 2nd October 2000
Section 94 2nd October 2000
Section 96 (in so far as not already in force) 2nd October 2000
Section 100 2nd October 2000
Section 101 2nd October 2000
Section 103 2nd October 2000
Section 116 and Schedule 4 (partially) 2nd October 2000
Section 117(2) and Schedule 6 (partially) 2nd October 2000

The following provisions of the Act have been brought into force in relation to England only by the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000 (S.I. 2000/2795 (C. 79)), the Care Standards Act 2000 (Commencement No. 2 (England) and Transitional Provisions) Order 2001 (S.I. 2001/290 (C. 17)), the Care Standards Act 2000 (Commencement No. 3) (England) Order 2001 (S.I. 2001/731 (C. 26)) and the Care Standards Act 2000 (Commencement No. 4) (England) or has 2001 (S.I. 2001/452 (C. 35)).

Provision of the Act Date of Commencement S.I. No.
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
Section 116 and Schedule 4 (partially) 1st January 2001 2000/2795
Section 39 (partially) 19th February 2001 2001/290
Section 23(1) to (3) 2nd March 2001 2001/731
Paragraphs 1 and 6 of Schedule 1 (partially) 16th March 2001 2001/952
Section 6(3) (partially) 16th March 2001 2001/952
Section 39 (in so far as not already in force) 19th March 2001 2001/290
Section 98 1st April 2001 2001/952
Section 6 (in so far as not already in force) 9th April 2001 2001/952
Schedule 1 (partially) 9th April 2001 2001/952

In addition to the provisions listed above, other provisions of the Act have been brought into force in relation to Wales only by S.I. 2000/2992 (W. 192) (C. 93) and S.I. 2001/139 (W. 5) (C. 7).


Notes:

[1] 2000 c. 14. The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State; in relation to Wales it means the National Assembly for Wales.back

[2] 1989 c. 41.back

[3] Part XA is inserted into the 1989 Act by section 79(1) of the Act.back

[4] Schedule 9A is inserted into the 1989 Act by section 79(2) of, and Schedule 3 to, the Act.back



ISBN 0 11 029340 1


 © Crown copyright 2001

Prepared 19 April 2001


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