Joint Committee on Statutory Instruments Seventeenth Report


APPENDIX 1

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 following point:

"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


 
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