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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.

  
Clause 1
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 1, line 9, leave out ("subsections (3) and (4))") and insert ("the following provisions of this section)") 
     Page 2, line 7, leave out from ("centre") to end of line 8 
     Page 2, line 9, at end insert--
 
    ("(5)  Subject to subsection (6), an establishment is not a children's home if it is a school.
 
    (6)  An independent school is a children's home at any time if at that time accommodation is provided for children at the school and either--
    (a)  in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or
    (b)  it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;
and in this subsection "year" means a period of twelve months.")
 
  
Clause 3
 
  
BY THE LORD CLEMENT-JONES
 
     Page 2, line 42, after ("with") insert ("clinical,") 
  
Clause 4
 
  
BY THE LORD CLEMENT-JONES
 
     Page 3, line 24, at end insert--
 
    ("(  )  Daycare centre" means, subject to subsection (5), any establishment at which nursing or personal care is provided to any of the persons mentioned in section 3(2) on a non-residential basis.")
 
     Page 4, line 2, after ("home") insert (", a daycare centre") 
  
Clause 6
 
  
BY THE LORD CLEMENT-JONES
 
     Page 4, line 25, at end insert--
 
    ("(4)  Regulations under this section shall correspond to section 23(3) of the Health Act 1999 with respect to the disclosure of confidential information which relates to and identifies a living individual.")
 
  
Clause 7
 
  
BY THE LORD CLEMENT-JONES
 
     Page 5, line 6, leave out from ("than") to end of line 8 and insert ("  the excepted services" as defined by subsection (8) below.
 
    (8)  The "excepted services" means the provision of--
    (a)  medical or psychiatric treatment, or
    (b)  listed services (as defined in section 2).
    (9)  The Commission shall have the general duty of securing improvements in the quality of excepted services in independent hospitals (as defined in section 2) and shall carry out this duty through the contracting of inspections with the Commission for Health Improvement ("CHI") established by the Health Act 1999.
 
    (10)  For the purposes of subsection (9) above the Commission shall ensure that the relevant independent hospital pays the full economic costs of any inspection.
 
    (11)  The standards applied by CHI on any such inspection shall be those which it applies in any comparable inspection of a health service hospital.")
 
  
After Clause 7
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Insert the following new Clause-- 
     (".--(1) The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.
 
    (2)  The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 21.")
General functions of the Assembly.
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
     Insert the following new Clause-- 
     (".--(1)  The Commission shall institute procedures by which dissatisfaction by any party, either with the dealing of complaints or with their outcome, by the independent hospitals may be expressed.
 
    (2)  In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.
 
    (3)  In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Service Commissioner for England or the Health Service Commissioner for Wales, as appropriate.")
Complaints in respect of independent hospitals.
  
Clause 8
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 5, line 10, at end insert--
 
    ("(1A)  The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.")
 
     Page 5, line 11, after ("State") insert (",  or, as the case may be, the appropriate Minister,") 
     Page 5, line 18, at end insert (";  and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.") 
  
Clause 20
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
     Page 11, line 5, at end insert--
    ("(k)  make provision imposing requirements upon the person carrying on or managing an establishment or agency as respects the treatment of patients.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 12, line 3, at end insert--
    ("(bb)  imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (b), including a requirement to obtain the permission of any local authority who are looking after the child;")
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
     Page 12, line 5, at end insert--
 
    ("(  )  Regulations made pursuant to this section may be made applicable--
    (a)  to establishments or agencies generally; or
    (b)  to specified categories of establishments or agencies; or
    (c)  to specified establishments or agencies.")
 
  
Clause 21
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
     Page 12, line 10, leave out ("appropriate Minister") and insert ("Commission") 
     Page 12, line 12, leave out ("appropriate Minister") and insert ("Commission") 
     Page 12, line 13, leave out ("he") and insert ("it") 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
 
     Page 12, line 20, at end insert--
 
    ("(4)  At the same time as the appropriate Minister prepares and publishes statements of national minimum standards under subsection (1) he shall simultaneously publish guidance as to the necessary level of resources which on the best available information are required by such establishments or agencies to achieve such standards.")
 
     Page 12, line 20, at end insert--
 
    (4) At the same time as the appropriate Minister prepares and publishes statements of national minimum standards under subsection (1) he shall simultaneously publish guidance as to the necessary level of resources which he reasonably believes will be devoted by inspecting bodies or persons to ensuring that such national minimum standards are met.")
 
  
After Clause 21
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
     Insert the following new Clause-- 
 ("Codes of practice 
     .--(1)  The Commission shall prepare and issue codes of practice giving practical guidance on the standards which are to be observed whether in relation to the national minimum standards applicable to establishments or agencies or otherwise.
 
    (2)  The Commission shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.
 
    (3)  In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
 
    (4)  The Commission may not issue a code of practice unless--
    (a)  a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and
    (b)  40 days (excluding any period when Parliament is dissolved or prorogued or when either House is adjourned for more than 4 days) have elapsed without either House resolving not to approve the draft.
    (5)  If the Secretary of State does not approve the draft code of practice submitted to him he shall give the Commission a written statement of his reasons.
 
    (6)  A code of practice issued by the Commission--
    (a)  shall come into effect on such day as the Secretary of State may by order appoint;
    (b)  may be revised in whole or in part, and re-issued by the Commission; and
    (c)  may be revoked by an order made by the Secretary of State at the request of the Commission.
    (7)  Where the Commission proposes to revise a code of practice--
    (a)  it shall comply with subsection (3) in relation to the revisions; and
    (b)  the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.
    (8)  Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under this Act shall be taken into account in determining that question.
 
    (9)  The power to make an order under this section is exercisable by statutory instrument.
 
    (10)  Nothing in this section affects the Commission's powers apart from this section to give practical guidance on matters connected with its functions.")
Codes of practice.
  
BY THE LORD WEATHERILL
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may grant exemption from the operation of the provisions of this Part in respect of any nursing home or mental nursing home as respects which he is satisfied that it is being, or will be, carried on in accordance with the practice and principles of the body known as the Church of Christ, Scientist.
 
    (2)  It shall be a condition of any exemption granted under this section that the home in question shall adopt and use the name of Christian Science house.
 
    (3)  An exemption granted under this section may at any time be withdrawn by the Secretary of State if it appears to him that the home in question is no longer being carried on in accordance with the said practice and principles.")
Power to exempt Christian Science houses.
  
Clause 41
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 19, line 2, at end insert ("and section 42") 
  
Clause 44
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 20, line 36, leave out ("be employed by") and insert ("work for") 
     Page 20, line 42, leave out ("and types of staff to be employed by") and insert ("of persons, or persons of any particular type, working for") 
     Page 21, line 1, leave out ("the staff") and insert ("such persons") 
     Page 21, line 3, leave out ("the employment of persons by") and insert ("persons from working for") 
  
Clause 96
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 57, line 33, at end insert-- 
 
    (""independent school" has the same meaning as in the Education Act 1996;")
1996 c.56.
     Page 58, line 2, at end insert-- 
 
    (""proprietor", in relation to a school, has the same meaning as in the Education Act 1996;")
1996 c.56.
  
Schedule 1
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
     Page 60, line 18, at end insert ("; and
    (c)  collecting and publishing such statistics and other information as it considers appropriate")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 62, line 15, at end insert-- 
 ("Training 
     13A. The Commission may provide training for the purpose of assisting persons to attain standards set out in any statements published by the Secretary of State under section 21.") 
     Page 62, line 19, at end insert-- 
 ("Fees 
     14A.--(1) Subject to the provisions of this Act, the Commission may not, except with the consent of the Secretary of State, charge a fee in connection with the exercise of any power conferred on it by or under this Act.
 
    (2)  The Commission may charge a reasonable fee determined by it--
    (a)  for any advice, forms or documents provided for the assistance of a person who proposes to apply, or is considering whether to apply, for registration under Part II; and
    (b)  for any training provided by it under paragraph 13A.
    (3)  The consent of the Secretary of State for the purposes of sub-paragraph (1) may be given in relation to the exercise of a power either generally or in a particular case.")
 
  
Schedule 3
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 69, line 28, leave out ("registration") and insert ("appropriate") 
     Page 69, line 30, leave out ("registration") and insert ("appropriate") 
     Page 69, line 36, leave out (""registration") and insert (""appropriate") 
     Page 70, line 12, leave out ("""registration") and insert ("""appropriate") 
  
Schedule 5
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 74, line 16, column 3, leave out ("and (2) to") and insert ("(2)(a) to (k), (3) and") 
 
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