The Care Standards Act 2000 (Commencement No.5 and Transitional Provisions) (Wales) Order 2001

• Citation: S.I. 2001/2504 (W.)
• Sections: 3

Section 1 Citation and interpretation

(1) This Order may be cited as the Care Standards Act 2000 (Commencement No.5 and Transitional Provisions) (Wales) Order 2001.

(2) In this Order—

“the 2000 Act ” (“ Deddf 2000 ”) means the Care Standards Act 2000;

“the 1984 Act ” (“ Deddf 1984 ”) means the Registered Homes Act 1984 ;

“the National Assembly ” (“ y Cynulliad Cenedlaethol ”) means the National Assembly for Wales.

Section 2 Appointed days

(1) For the purpose only of enabling an application for registration to be made under section 23(3) of the 1984 Act (registration of nursing homes) 31st July 2001 is the day appointed for the coming into force in relation to Wales of section 39 of the 2000 Act (temporary extension of meaning of “nursing home”) of the Act .

(2) 31st August 2001 is the day appointed for the coming into force in relation to Wales of the remainder of section 39 of the 2000 Act.

Section 3 Transitional provisions

(1) Where a person (“the applicant”) has before 31st August 2001 duly made an application under section 23(3) of the 1984 Act in respect of premises in Wales falling within the description in section 21(3B) of the 1984 Act (meaning of “nursing home”) paragraph (2) of this article shall apply.

(2) Section 23(1) of the 1984 Act (offence of carrying on an unregistered nursing home) shall not apply to the applicant—

(a) until such time as the application is granted, or

(b) if the application is refused—

(i) if no appeal is brought, until the expiration of 28 days after service of notice of the National Assembly’s decision ; or

(ii) if an appeal is brought, until it is determined or abandoned.