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Care Standards Bill [H.L.]

This is the Care Standards Bill [H.L.], as introduced in the House of Lords on 2nd December 1999.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of Health, are published separately as HL Bill 11- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Hunt of Kings Heath has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Care Standards Bill [H.L.] are compatible with the Convention rights.

 
  
Care Standards Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
INTRODUCTORY
Preliminary
Clause 
1.Children's homes.
2.Independent hospitals etc.
3.Care homes.
4.Other basic definitions.

Registration authorities
5.Registration authorities.
6.National Care Standards Commission.
7.General duties of the Commission.
8.Inquiries with respect to the Commission.

PART II
ESTABLISHMENTS AND AGENCIES
Registration
9.Requirement to register.
10.Applications for registration.
11.Grant or refusal of registration.
12.Cancellation of registration.
13.Applications by registered persons.
14.Regulations about registration.

Registration procedure
15.Notice of proposals.
16.Right to make representations.
17.Notice of decisions.
18.Urgent procedure for cancellation etc.
19.Appeals to the Tribunal.

Regulations and standards
20.Regulation of establishments and agencies.
21.National minimum standards.

Offences
22.Failure to comply with conditions.
23.Contravention of regulations.
24.Holding out premises as an establishment or agency.
25.Failure to display certificate of registration.
26.Proceedings for offences.
27.Offences by bodies corporate.

Miscellaneous and supplemental
28.Inspections by persons authorised by registration authority.
29.Inspections: supplementary.
30.Arrangements which may only be made with a registered person.
31.Annual returns.
32.Liquidators etc.
33.Death of registered person.
34.Provision of copies of registers.
35.Service of documents.
36.Transfers of staff.
37.Temporary extension of meaning of "nursing home".
38.Temporary extension of the meaning of "children's home".
39.Power to extend the application of Part II.

PART III
LOCAL AUTHORITY SERVICES
40.Introductory.
41.Inspection by registration authority of adoption and fostering services.
42.Inspections: supplementary.
43.Action following inspection.
44.Regulation of the exercise of relevant fostering functions.
45.National minimum standards.
46.Annual returns.
47.Annual fee.
48.Contravention of regulations.
49.Offences: general provisions.

PART IV
SOCIAL CARE WORKERS
Preliminary
50.Care Councils.
51.Interpretation.

Registration
52.The register.
53.Applications for registration.
54.Grant or refusal of registration.
55.Removal etc. from register.
56.Rules about registration.
57.Use of title "social worker" etc.

Codes of practice
58.Codes of practice.

Training
59.Approval of courses etc.
60.Qualifications gained outside a Council's area.
61.Post registration training.
62.Visitors for certain social work courses.
63.Functions of the appropriate Minister.

Miscellaneous and supplemental
64.Appeals to the Tribunal.
65.Publication etc. of register.
66.Abolition of Central Council for Education and Training in Social Work.
67.Rules.

PART V
CHILD MINDING AND DAY CARE
68.Amendment of Children Act 1989.

PART VI
PROTECTION OF CHILDREN AND VULNERABLE ADULTS
Protection of vulnerable adults
69.Basic definitions.
70.Duty of Secretary of State to keep list.
71.Persons who provide care for vulnerable adults: duty to refer.
72.Employment agencies and businesses: duty to refer.
73.Appeals against inclusion in list.
74.Applications for removal from list.
75.Effect of inclusion in list.
76.Searches of list under Part V of Police Act 1997.
77.Access to list before commencement of section 76.
78.Persons referred for inclusion in list under Protection of Children Act 1999.

The list kept under section 1 of the 1999 Act
79.Employment agencies and businesses.
80.Inclusion in 1999 Act list on reference under this Part.

Restrictions on working with children in independent schools
81.Additional ground of complaint.
82.Effect of inclusion in 1996 Act list.
83.Searches of 1996 Act list.

PART VII
MISCELLANEOUS
Boarding schools and colleges
84.Welfare of children in boarding schools and colleges.
85.Suspension of duty under section 87(3) of the 1989 Act.
86.Boarding schools: national minimum standards.
87.Annual fee for boarding school inspections.
88.Inspection of schools etc. by persons authorised by Secretary of State.

Fostering
89.Extension of Part IX to school children during holidays.

Employment agencies
90.Nurses Agencies.

PART VIII
GENERAL AND SUPPLEMENTAL
CHAPTER I
GENERAL
91.Default powers of appropriate Minister.
92.Minor and consequential amendments.
93.Transitional provisions, savings and repeals.

CHAPTER II
SUPPLEMENTAL
94.Orders and regulations.
95.Supplementary and consequential provision etc.
96.General interpretation etc.
97.Commencement.
98.Short title and extent.
 

SCHEDULES:
    Schedule 1-The Commission and the Council.
    Schedule 2-Child Minding and Day Care for Young Children.
    Schedule 3-Minor and consequential amendments.
    Schedule 4-Transitional provisions and savings.
    Schedule 5-Repeals.
    Part I-General repeals.
    Part II-Abolition of CCETSW.
 

 
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Prepared 3 December 1999