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

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Clause 71
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
140*     Page 42, line 29, at end insert ("proven") 
141     Page 42, line 33, leave out (", or would have considered dismissing him,") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
142*     Page 42, line 35, leave out paragraphs (c) and (d) 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
143     Page 43, line 5, leave out (", or would have considered dismissing him,") 
144     Page 43, line 39, leave out (", or would have considered dismissing him,") 
  
Clause 72
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
145     Page 44, line 21, leave out (", or would have considered dismissing him,") 
  
Clause 74
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
146     Page 45, line 46, after ("70") insert ("or section 1 of the 1999 Act") 
  
Clause 86
 
  
BY THE LORD NORTHBOURNE
 
147     Page 54, line 11, at end insert-- 
 ("(  )  The Secretary of State may publish different minimum standards for different categories of boarding schools.") 
  
Clause 90
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 90 stand part of the Bill. 
  
Clause 95
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
148*     Page 57, line 19, at end insert--
 
    ("(3)  An order under subsection (1) amending or repealing an enactment, instrument or document shall be laid in draft before, and subject to approved resolution of, each House of Parliament.")
 
  
Clause 96
 
  
BY THE LORD HUNT OF KINGS HEATH
 
149     Page 57, line 33, at end insert-- 
 
    (""independent school" has the same meaning as in the Education Act 1996;")
1996 c.56.
150     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
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
151     Page 60, line 18, at end insert ("; and
    (c)  collecting and publishing such statistics and other information as it considers appropriate")
 
  
BY THE BARONESS DAVID
 
152     Page 60, line 24, at end insert ("and these shall include one member who has special responsibility for children's rights issues") 
153     Page 60, line 24, at end insert ("and these shall include one member who has experience and expertise in disability and special educational needs as they relate to children") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
154*     Page 60, line 24, at end insert ("and a majority of such members shall be lay people") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
155*     Page 60, line 24, at end insert--
 
    ("(  )  The English Council and the Welsh Council shall each have--
    (a)  a Chairman who is a qualified social care professional;
    (b)  a majority of members who are qualified social care professionals; and
    (c)  at least one member who is a registered medical practitioner.")
 
  
BY THE LORD RIX
 
156*     Page 60, line 24, at end insert--
 
    ("(  )  At least one such member shall be a person with experience of disability.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
157*     Page 60, line 24, at end insert--
 
    ("(  )  There shall be a member of the Commission to be known as the Children's Commissioner who will have such functions as may be prescribed.")
 
158*     Page 60, line 24, at end insert--
 
    ("(  )  At least one member of the Commission shall be a qualified medical practitioner.")
 
  
BY THE LORD ADDINGTON
THE LORD CLEMENT-JONES
 
159*     Page 60, line 24, at end insert--
 
    ("(2)  The Secretary of State may appoint as a member of an authority a person who is not or has not been a service user if satisfied that after the appointment more than half of the authority members will be or have been service users (as defined by subsection (3) below).
 
    (3)  Service users" are individuals who have used or are using services provided by establishments as defined in sections 1 to 4 of this Act.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
160     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.")
 
161     Page 61, line 2, after ("chairman") insert ("and the chairman of the committee constituted under paragraph 6A") 
162     Page 61, line 15, after ("authority") insert ("and of each committee constituted under paragraph 6A") 
163     Page 61, line 15, leave out second ("is") and insert ("are") 
164     Page 61, line 15, leave out ("a member") and insert ("members") 
165     Page 61, line 16, leave out ("is") and insert ("are") 
166     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") 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
167*     Page 61, line 31, leave out paragraph 10 and insert--
 
    ("10.  The children's rights director shall have the general duty of safeguarding the rights of children using, or eligible to use, Part II services and, in particular shall--
    (a)  notify the Secretary of State of any significant failure in the provision or quality of any Part II services to children;
    (b)  carry out investigations of any reports of significant failure in the provision or quality of Part II services to children;
    (c)  make recommendations to the Secretary of State about measures required to ensure children using, or eligible to use, Part II services are properly safeguarded;
    (d)  ensure the Commission gives due regard to the wishes and feelings of children;
    (e)  ensure children using, or eligible to use, Part II services have access to information about their rights; and
    (f)  monitor the effectiveness of independent complaints procedures and advocacy services for children using, or eligible to use, Part II services.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
168     Page 61, line 33, at end insert ("in relation to the exercise of the Commission's functions") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
169*     Page 61, line 33, at end insert-- 
 ("Public complaints director 
     .--(1)  The Commission shall appoint a public complaints director who is to be a member of staff of the Commission.
 
    (2)  The public complaints director shall have such functions as may be prescribed.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
170*     Page 61, line 43, at end insert (";  and
    (c)  the training of inspectors")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
171     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.") 
172     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.")
 
  
BY THE LORD RIX
 
173*     Page 62, line 44, at end insert (",  and which takes account of the needs of people with disabilities") 
  
BY THE LORD LAMING
 
     The Lord Laming gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill. 
  
Schedule 3
 
  
BY THE LORD HUNT OF KINGS HEATH
 
174     Page 69, line 28, leave out ("registration") and insert ("appropriate") 
175     Page 69, line 30, leave out ("registration") and insert ("appropriate") 
176     Page 69, line 36, leave out (""registration") and insert (""appropriate") 
177     Page 70, line 12, leave out ("""registration") and insert ("""appropriate") 
  
Schedule 5
 
  
BY THE LORD HUNT OF KINGS HEATH
 
178     Page 74, line 16, column 3, leave out ("and (2) to") and insert (", (2)(a) to (k), (3) and") 
 
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Prepared 7 January 2000