Care Standards Bill [H.L.] - continued        House of Lords

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Orders and regulations.     94. - (1) Any power of the Secretary of State or the appropriate Minister to make regulations or an order under this Act shall be exercised by statutory instrument.
      (2) Any such statutory instrument made by the Secretary of State, except an instrument containing an order under section 97 which makes no provision by virtue of section 95(2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (3) The following subsections apply to any power of the Secretary of State or the appropriate Minister to make regulations under this Act.
      (4) 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.
      (5) 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.
      (6) 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 Minister considers necessary or expedient.
Supplementary and consequential provision etc.     95. - (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 provision amending or repealing any enactment, instrument or document.
General interpretation etc.     96. - (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" has the same meaning as in section 31 of the 1989 Act;
    "health service hospital" has the same meaning as in the National Health Service Act 1977;
    "illness" includes mental disorder and any injury;
    "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;
    "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 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.
      (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) Any register kept for the purposes of this Act may be kept by means of a computer.
      (5) 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.
      (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.
Provision of this Act
1989 Act
Children Act 1989
1999 Act
Protection of Children Act 1999
Section 5
Care home
Section 3
Section 66
Children's home
Section 1
Section 2
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
Registration authority
Section 5
Residential family centre
Section 4
Voluntary adoption agency
Section 4
Commencement.     97. This Act, except 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.     98. - (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 extends 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.
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