House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
Amendments to the Care Standards Bill [H.L.]

Care Standards Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Care Standards Bill [H.L.] to be moved in Committee in the House of Lords.

  
After Clause 3
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of this Act, an income-generating health service unit means an establishment which comprises in whole or in part a hospital or some other establishment or facility--
    (a)  from which a National Health Service Trust or Primary Care Trust carries out its functions and which is in use for the purposes of making additional income available under section 7(1) of the Health and Medicines Act 1988; or
    (b)  for which a Health Authority or Special Health Authority has responsibility and which is being made available for the provision of accommodation and services under section 65 of the National Health Service Act 1977.
    (2)  Nothing in sections 1 to 3 of this Act shall prevent an income-generating health service unit from being--
    (a)  a children's home; or
    (b)  an independent hospital; or
    (c)  a care home; or
    (d)  a residential family centre.")
Income-generating health service units.
  
Clause 4
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 4, line 2, after ("home") insert (",  an income-generating health service unit") 
  
Clause 12
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 7, line 12, at end insert--
 
    ("(4)  Without prejudice to subsections (1) to (3), before cancelling the registration of a person in respect of an establishment or agency, the registration authority shall take all reasonable steps to effect compliance with the relevant requirements by that person.")
 
  
After Clause 19
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Insert the following new Clause-- 
 ("General duty of maintaining and improving quality 
     .--(1)  It is the duty of all persons who are responsible for carrying on or managing any establishment which is--
    (a)  a children's home; or
    (b)  an independent hospital; or
    (c)  an independent clinic; or
    (d)  a care home; or
    (e)  a residential family centre,
within sections 1 to 4 of this Act to put and keep in place arrangements for the purpose of maintaining and improving the quality of the provision which that establishment provides to individuals.
 
    (2)  The reference in subsection (1) to the provision which an establishment provides to individuals includes provision which the establishment provides jointly with another person to individuals.
 
    (3)  Where a person who is carrying on or managing an establishment is not in control of it (whether as owner or otherwise) both the person who is carrying on or managing it and the person in control of it are to be treated as owing the said duty.")
General duty of maintaining and improving quality.
  
Clause 20
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 10, line 34, leave out (", or for the purposes of an agency") 
     Page 10, line 41, leave out ("numbers of persons, or") 
     Page 10, line 42, leave out ("or for the purposes of an agency") 
     Page 11, line 2, leave out paragraph (i) 
     Page 11, line 9, after first ("of") insert ("either--(a)") 
     Page 11, line 10, at end insert ("; or (b)  a statutorily authorised register of nurses") 
     Page 11, line 47, at end insert ("and that relevant information about such treatment or services is available in an appropriate form to the public") 
  
Clause 21
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 12, line 14, at end insert--
 
    ("(  )  In preparing or amending the standards set out in the statements, the appropriate minister shall consult any persons whom he considers it appropriate to consult.")
 
     Page 12, line 15, at end insert ("(but not so as to preclude the exercise of reasonable discretion)") 
     Page 12, line 20, at end insert--
 
    ("(4)  No statement of national minimum standards shall be published under this section unless an order containing the statement has first been laid before each House of Parliament.")
 
  
Clause 28
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 13, line 30, after ("information") insert ("other than medical records") 
     Page 13, line 33, leave out ("at any time") and insert (", during normal business hours except in the event of an emergency,") 
  
Clause 35
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 16, line 41, leave out ("or by the recorded delivery service") 
  
Clause 54
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 23, line 20, leave out from beginning to ("; and") and insert ("(b)  is in a state of health, both physical and mental, such as not to preclude him from competently engaging in relevant social work") 
  
Clause 68
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 40, line 15, at end insert ("  ;  and
    (c)  of such assistance to and co-operation with the Chief Inspector as he may require in furtherance of his duties under this section.")
 
  
Clause 71
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 42, line 33, leave out (", or would have considered dismissing him,") 
     Page 43, line 5, leave out (", or would have considered dismissing him,") 
     Page 43, line 39, leave out (", or would have considered dismissing him,") 
  
Clause 72
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 44, line 21, leave out (", or would have considered dismissing him,") 
  
Clause 74
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 45, line 46, after ("70") insert ("or section 1 of the 1999 Act") 
  
Schedule 1
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     Page 60, line 24, at end insert--
 
    ("(2)  The members shall possess such professional skills as appear to the Secretary of State to be relevant but shall include in particular--
    (a)  a medical practitioner; and
    (b)  a social care professional.")
 
     Page 60, line 39, at end insert--
 
    ("6A.--(1)  The Secretary of State shall by regulations make provision as to--
    (a)  the appointment of and constitution of a committee of an authority to exercise its functions under this Act in relation to independent hospitals and independent clinics;
    (b)  the appointment of a chairman and other members of that committee (which may include persons who are not members of the authority) save that the committee shall comprise not less than 5 persons including the chairman appointed pursuant to this paragraph and the chief officer of the committee appointed pursuant to paragraph 8;
    (c)  the tenure of office of the chairman and other members of that committee (including the circumstances in which they cease to hold office or may be removed or suspended from office);
    (d)  the appointment of, constitution of and exercise of functions by sub-committees of that committee (including sub-committees which consist of or include persons who are not members of the authority);
    (e)  the procedure of the committee and of any sub-committees of it (including the validation of proceedings in the event of vacancies or defects in appointment).
    (2)  The chairman and chief officer of the committee constituted under this preceding paragraph--
    (a)  shall be members of the authority;
    (b)  shall be persons other than the chairman and chief officer of the authority.")
 
     Page 61, line 2, after ("chairman") insert ("and the chairman of the committee constituted under paragraph 6A") 
     Page 61, line 15, after ("authority") insert ("and of each committee constituted under paragraph 6A") 
     Page 61, line 15, leave out second ("is") and insert ("are") 
     Page 61, line 15, leave out ("a member") and insert ("members") 
     Page 61, line 16, leave out ("is") and insert ("are") 
     Page 61, line 18, leave out ("is") and insert ("of the authority and the first chief officer of the committee constituted under paragraph 6A are") 
     Page 61, line 33, at end insert ("in relation to the exercise of the Commission's functions") 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 5 January 2000