Care Standards Bill [H.L.] - continued        House of Lords
PART VIII, GENERAL AND SUPPLEMENTAL - continued

back to previous text
 
  CHAPTER II
  SUPPLEMENTAL
Orders and regulations.     97. - (1) Any power conferred on the Secretary of State, the Assembly or the appropriate Minister to make regulations or an order under this Act except an order under section 36 or 68(3) shall be exercised by statutory instrument.
 
      (2) An order making any provision by virtue of section 98(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
 
      (3) Subject to subsection (2), an instrument containing regulations or an order made by the Secretary of State, except an instrument containing an order under section 101, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (4) The following subsections apply to any power of the Secretary of State or the Assembly to make regulations or an order under this Act; and subsections (5) and (6) apply to any power of Her Majesty to make an Order in Council under section 66.
 
      (5) The power may be exercised either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case.
 
      (6) The power may be exercised so as to make, as respects the cases in relation to which it is exercised-
 
 
    (a) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes;
 
    (b) any such provision either unconditionally or subject to any specified condition.
      (7) The power may be exercised so as to make-
 
 
    (a) any supplementary, incidental or consequential provision,
 
    (b) any transitory, transitional or saving provision,
  which the person exercising the power considers necessary or expedient.
 
Supplementary and consequential provision etc.     98. - (1) The appropriate Minister may by order make-
 
 
    (a) any supplementary, incidental or consequential provision,
 
    (b) any transitory, transitional or saving provision,
  which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
 
      (2) The provision which may be made under subsection (1) includes or instrument provision amending or repealing any enactment or instrument.
 
Wales.     99. - (1) Section 84(1) of the Government of Wales Act 1998 (payment of Assembly receipts into the Consolidated Fund) does not apply to any sums received by the Assembly by virtue of any provision of this Act.
 
      (2) The reference to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by or under this Act.
 
      (3) Subsection (2) does not affect the power to make further Orders varying or omitting that reference.
 
General interpretation etc.     100. - (1) In this Act-
 
 
    "adult" means a person who is not a child;
 
    "appropriate Minister" means-
 
      (a) in relation to England, the Secretary of State;
 
      (b) in relation to Wales, the Assembly;
 
    "child" means a person under the age of 18;
 
    "employment agency" and "employment business" have the same meanings as in the Employment Agencies Act 1973; but no business which is an employment business shall be taken to be an employment agency;
 
    "harm"-
 
      (a) in relation to an adult who is not mentally impaired, means ill-treatment or the impairment of health;
 
      (b) in relation to an adult who is mentally impaired, or a child, means ill-treatment or the impairment of health or development;
 
    "health service hospital" has the same meaning as in the National Health Service Act 1977;
 
    "illness" includes mental disorder and any injury;
 
    "independent school" has the same meaning as in the Education Act 1996;
 
    "local authority" has the same meaning as in the 1989 Act;
 
    "medical" includes surgical;
 
    "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind;
 
    "National Health Service body" means a National Health Service trust, a Health Authority, a Special Health Authority or a Primary Care Trust;
 
    "parent", in relation to a child, includes any person who is not a parent of his but who has parental responsibility for him;
 
    "parental responsibility" has the same meaning as in the 1989 Act;
 
    "prescribed" means prescribed by regulations;
 
    "proprietor", in relation to a school, has the same meaning as in the Education Act 1996;
 
    "regulations" (except where provision is made for them to be made only by the Secretary of State) means regulations made by the appropriate Minister;
 
    "relative" has the same meaning as in the 1989 Act;
 
    "school" has the same meaning as in the Education Act 1996;
 
    "social services functions" means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970;
 
    "treatment" includes diagnosis;
 
    "the Tribunal" means the tribunal established by section 9 of the 1999 Act;
 
    "undertaking" includes any business or profession and-
 
      (a) in relation to a public or local authority, includes the exercise of any functions of that authority; and
 
      (b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body;
 
    "voluntary organisation" has the same meaning as in the Adoption Act 1976.
      (2) For the purposes of this Act-
 
 
    (a) a person is disabled if he is blind or deaf or substantially and permanently handicapped by illness or congenital deformity or by any other prescribed disability;
 
    (b) an adult is mentally impaired if he is in a state of arrested or incomplete development of mind (including a significant impairment of intelligence and social functioning).
      (3) In this Act, the expression "personal care" or "nursing or personal care" extends to advice and encouragement, but does not include any prescribed activity.
 
      (4) References in this Act to a child's being looked after by a local authority shall be construed in accordance with section 22 of the 1989 Act.
 
      (5) Any register kept for the purposes of this Act may be kept by means of a computer.
 
      (6) In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
 
 
 
Expression
 
Provision of this Act
 
1989 Act
 
Children Act 1989
 
1999 Act
 
Protection of Children Act 1999
 
Assembly
 
Section 5
 
Care home
 
Section 3
 
CCETSW
 
Section 66
 
Children's home
 
Section 1
 
Commission
 
Section 6
 
Council, the English Council, the Welsh Council
 
Section 50
 
Domiciliary care agency
 
Section 4
 
Fostering agency
 
Section 4
 
Hospital and independent hospital
 
Section 2
 
Independent clinic and independent medical agency
 
Section 2
 
Registration authority
 
Section 5
 
Residential family centre
 
Section 4
 
Voluntary adoption agency
 
Section 4
Commencement.     101. This Act, except section 66(2) to (5) and this Chapter, shall come into force on such day as the appropriate Minister may by order appoint, and different days may be appointed for different purposes.
 
Short title and extent.     102. - (1) This Act may be cited as the Care Standards Act 2000.
 
      (2) Subject to subsections (3) and (4), this Act extends to England and Wales only.
 
      (3) Section 66 and, so far as relating to subsections (2) to (5) of that section, sections 93, 94 and 97 extend also to Scotland and Northern Ireland.
 
      (4) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 29 March 2000