The Care Standards Act 2000 (Commencement No. 4) (Wales) Order 2001

Made: 29th June 2001

The National Assembly for Wales makes the following Order in exercise of the powers conferred by section 122 of the Care Standards Act 2000[^f00001]:

Citation and interpretation

1

• (1) This Order may be cited as the Care Standards Act 2000 (Commencement No. 4) (Wales) Order 2001.

• (2) In this Order—

• “the Act” (“y Ddeddf”) means the Care Standards Act 2000.

Appointed day

2

1st July 2001 is the day appointed for section 98 of the Act (individuals providing care funded by direct payments) to come into force in relation to Wales.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00002].

Rhodri Morgan — First Secretary of the National Assembly for Wales — 29th June 2001

Explanatory note

(This note is not part of the Order)

This Order appoints 1st July 2001 as the day on which section 98 of the Care Standards Act 2000 (“the Act”) is to come into force in relation to Wales.

Section 98 of the Act amends the Protection of Children Act 1999 (“the 1999 Act”). The effect of the amendments is:

• (a) a local authority in Wales may refer to the Secretary of State, for the purposes of his functions under section 1 of the 1999 Act, an individual who is or has been employed to provide care to a child, where the authority funds that care under section 17A of the Children Act 1989 (“the 1989 Act”)[^f00003], if they consider that the individual has been guilty of misconduct which harmed, or placed at risk of harm, a child[^f00004];

• (b) where a person who employs or proposes to employ an individual to provide care to a child under section 17A of the 1989 Act requests the funding local authority to ascertain whether the individual is included in the list kept under section 1 of the 1999 Act (or certain other lists mentioned in section 7 of the 1999 Act) the local authority shall ascertain whether the individual is included in any of those lists;

• (c) where a local authority is required to ascertain whether an individual is included in any of the lists mentioned in (b) above it is sufficient for the authority to satisfy itself that, on a date within the last twelve months, the organisation which supplied the individual ascertained whether he or she was so included if the authority also obtains written confirmation of the facts as ascertained by the organisation.

Footnotes

[^f00001]: 2000 c. 14. The power is exercisable by the appropriate Minister. The appropriate Minister is defined in section 121(1). It means the National Assembly for Wales in relation to Wales; in relation to England, Scotland and Northern Ireland it means the Secretary of State.

[^f00002]: 1998 c. 38.

[^f00003]: Section 17A of the 1989 Act permits social services authorities in certain circumstances to make direct payments to a person with parental responsibility for a disabled child or to a disabled child aged 16 or 17 in respect of their securing the provision of services for the disabled child under section 17 of the 1989 Act in order to safeguard and promote their welfare. Section 17A is inserted by section 7(1) of the Carers and Disabled Children Act 2000 with effect from 1st July 2001 in relation to Wales.

[^f00004]: Under section 1 of the 1999 Act the Secretary of State is to maintain a list of persons considered unsuitable to work with children.