Memorandum from the Department of Health
CARE STANDARDS ACT 2000 (COMMENCEMENT NO. 9 (ENGLAND)
AND TRANSITIONAL AND SAVINGS PROVISIONS) ORDER 2001 (S.I. 2001/3852)
1. The Committee has requested a Memorandum on the
"Sub-paragraph (1) of paragraph 3 of Schedule
1 requires the relevant authority to send certain documents to
the relevant provider. This duty is expressed to be subject to
sub-paragraph (7) which, in certain circumstances, requires the
existing owner to send copies of those documents to the existing
care home manager. Explain how the duty in sub-paragraph (1) is
subject to sub-paragraph (7)."
2. The requirements in paragraph 3 referred to by
the Committee are related in that, in certain circumstances, the
existing owner is required by sub-paragraph (7) to send copies
of the documents referred to in sub-paragraph (1) to the existing
care home manager. The Department accepts that the duty in sub-paragraph
(1) is not subject to or otherwise dependent on sub-paragraph
(7), and that the words "subject to sub-paragraph (7)"
are unnecessary. The Department will make an appropriate amendment
at the next available opportunity.
21st January 2002